#Guardianships Lawyers New Jersey

[posternockd]

Our estate planning law firm ensures that you fully understand each step of the process, making informed decisions with confidence. For more information contact our Estate Planning Attorneys New Jersey and call us today at 856-214-8797.

[kvercammen]

What is a Power of Attorney?

      A Power of Attorney is a document that allows your spouse, child  or another trusted person to administer your assets during your lifetime, either upon disability or now.  The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays.   The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.   Reasons to sign a Power of Attorney / Why a Power of Attorney If there is no Power of Attorney, the family has to go through an expensive and complicated Guardianship in the Superior Court. New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action. Court Costs and fees typically exceed $4,000. A $100 Power of Attorney avoids this aggravation. The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating.   Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late. Remember, you can’t get Power of Attorney over another person. They must sign the power of attorney while they are competent. Don’t wait until it is too late.   The Power of Attorney can be effective immediately upon signing or only upon disability. Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney. Definition of Disability.  (N.J.S. 46:2b-8b)  A principal shall be under a disability if the principal is unable to manage his or her property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance. Clauses (A) and (B) below shall not be part of this Power of Attorney unless they are signed by the Principal(s). A.  Takes Effect Regardless of Disability:  This Power of Attorney is effective now and remains in effect even if I become disabled (as defined above). or B.  Takes Effect Only Upon Disability   This Power of Attorney will only become effective when (and if) I become disabled (as defined above)  [Only sign A or B, not both].

[brattonlawgroup]

The Benefits of Consulting Family Law Attorneys

The circumstances concerning youngster guardianship, separation, reception, and senior consideration are among those that verifiably require the help of bratton law office in new shirt subject matter experts. While managing these issues, it will be pivotal to guarantee that the best legitimate help is made accessible. These are only a couple of the things that genuinely assume critical parts throughout everyday life.

Family regulation cases obviously require the legitimate measure of consideration, and it is unquestionable that employing a legitimate proficient, for example, a family regulation lawyer in the USA can guarantee the best help. There are likewise a few critical benefits that main expanded the worth of their assistance. Coming up next are the absolute most huge advantages that can be acquired by working with family regulation experts:

Extensive Preparation:-

The areas of family regulation tended to are pivotal, so it is simply important to look for the exhortation of a finished careful expert preparation to give the best lawful direction and assurance that none of your work, time, and cash will be basically squandered.

Basic and fast responses:-

When confronted with conditions that are just too testing to even consider taking care of, looking for the help of experts will have a massive effect. Questions and ambiguities will without a doubt get speedy responses because of the mastery given by the family regulation trained professionals and the USA lawyer.

Precise Heading:-

You might feel sure that your case is in phenomenal hands and that there is actually no requirement for you to stress by heeding the guidance of a legitimate proficient who knows about the intricate details of family regulation cycles. Something that will without a doubt assist with putting forth your defense less unpleasant is their energy as well as their learned methodology.

Family regulation New Jersey lawyers' help is obviously more important because of various huge benefits. There will without a doubt be no finer game-plan than to affirm that the best legitimate help will be open to accomplish the best results for your situation while managing issues that can possibly fundamentally influence you.

For More Info :- 

Bratton law life care planning

Bratton law firm in new jersey

Source URL :- https://sites.google.com/view/new-jersey0/home

Visit Our Social Link :-

https://www.instagram.com/brattonlaw/

[communityinclusion]

Inclusion Illuminated: Youth Voice, Youth Choice

In the disability education field, transition often refers to the time in a young person’s life between middle school and early adulthood when they are considering and planning for post-high school life. Youth with disabilities often participate in a transition planning process to figure out what they want to do after high school.

During this transition planning process, many youth with disabilities and their parents learn about guardianship. Guardianship is a legal status that involves a court determining that a person cannot make their own decisions. The court then gives someone else (a guardian) the power to make decisions for that person.

The ICI’s Center on Youth Voice, Youth Choice (CYVYC) is a resource center for youth with disabilities and those that support them. CYVYC does research, advocacy, and education about alternatives to guardianship. Alternatives to guardianship are ways other than guardianship for youth to get support to make important decisions about their lives.

Why are alternatives to guardianship important?

Youth with disabilities should be the drivers of their own lives. Offering alternatives to guardianship gives youth more information to make informed choices and decisions about their post-high school futures. In many cases, guardianship is still the default option that schools and others present to students and families during the transition planning process, which can take away self-determination and thus be harmful to youth with disabilities.

CYVYC has two overarching goals:  

To support states to promote alternatives to guardianship, so that fewer youth with intellectual or developmental disabilities (IDD) have legal guardians

To give youth with IDD opportunities to lead efforts to promote alternatives to guardianship, like supported decision-making (SDM). With SDM, people with disabilities make their own choices with the support of trusted persons in their lives and keep all their legal and civil rights.

What does CYVYC do?

We share stories. CYVYC works with youth with IDD, families, and supporters from a variety of backgrounds. This includes teachers, lawyers, medical professionals, and policy-makers. We share stories and information from many different people with disabilities and people who work with youth seeking alternatives to guardianship. Read stories from youth who chose supported decision-making as an alternative to guardianship.

We guide and support State Teams. State Teams come up with plans to promote alternatives to guardianship for youth (ages 14 to 26) and support their state’s Youth Ambassadors with this work. Each State Team develops a plan to reduce the number of guardianships in the state. CYVYC facilitates a community of practice with State Teams to come up with ideas for how to better advocate for alternatives to guardianship across states.

We share resources about alternatives to guardianship. Each state has different laws and terminology around alternatives to guardianship. We share a US map on our website. You can click on your state to learn more about alternatives to guardianship in your state. We also share promising practices, briefs, and research findings about alternatives to guardianship in plain language.

How can I learn more about CYVYC and alternatives to guardianship?

Visit the Center on Youth Voice, Youth Choice website to learn more!

ICI CYVYC Staff:

Allison Cohen-Hall, Project Director

Jaimie Timmons, Co-Project Director

Daria Domin, Research Associate

Esther Kamau, Research Associate

CYVYC Advisory Board:

We have six advisors who help guide us and our work. Meet the CYVYC Advisory Board!

CYVYC Youth Ambassadors:

Our Youth Ambassador Program is a training program that supports youth to be leaders in their states and promote alternatives to guardianship. We have 15 Youth Ambassadors from Vermont, Wisconsin, and Georgia. We welcomed and are currently training another 20 Youth Ambassadors from Indiana, Michigan, New Jersey, Oregon, and South Carolina. Meet our CYVYC Youth Ambassadors!

CYVYC Partners:

CYVYC is a partnership between the ICI, the Center for Public Representation (CPR), Self Advocates Becoming Empowered (SABE), Human Services Research Institute (HSRI), the Georgia Advocacy Office (GAO) and consultants from the Harvard Law School Project on Disability (HPOD).

CYVYC receives funding from the Administration for Community Living (ACL) at the US Department of Health and Human Services (HHS).

[matuslawnj]

Monmouth County New Jersey Estate Planning Attorney - Matus Law Group | Estate Planning Law Firm.

Matus Law Group is a New Jersey estate planning law firm helping individuals protect their future and the future of their loved ones. For over 20 years, our estate lawyers have dedicated their practice to helping individuals needing estate planning attorney, special needs trusts attorney, asset protection lawyer, real estate lawyer, probate law, wills lawyer, and guardianship attorney. We have three convenient locations to serve you: Monmouth County, and Ocean County, and other areas of New Jersey.

Name: The Matus Law Group | Estate Planning Attorney and Real Estate Lawyer Address: 125 Half Mile Rd #201A, Red Bank, NJ 07701, United States Phone: (732) 785 4453 Website: https://matuslaw.com/monmouth-county-nj/

[thoughtfulmagazinecollective]

Family Law Attorney Elizabeth, NJ

Moldovan Legal is a boutique law firm with services adapted to solve your problems as simply and swiftly as possible. We are a professional law firm that specializes in core civil and criminal litigation areas. With offices in Edgewater, New Jersey, we are a local firm with strong ties to our host community. Our impressive statewide network also ensures that we will always have an answer for our clients, no matter where they reside.

We have over 40 years of combined experience in various practice areas.

Family Law Attorney Elizabeth matters are by and large probably the most intricate, genuinely charged issues most will at any point need to confront. On the off chance that you are getting separated, mentioning an adjustment of your kid support request, or your ex-companion is endeavoring to migrate with your kids, you need to enlist an accomplished Family Law Attorney Elizabeth NJ to guarantee your privileges are secured.

At Moldovan Law Firm, our Elizabeth family law lawyers know about the troubles you should face and what amount is in question, which is the reason we are focused on using our experience and information to protect your future.

Family law incorporates intricacies that impact your own, public, and expert prosperity. All through a family debate it very well maybe not difficult to get overpowered, to feel befuddled, and to feel lost. Elizabeth Nj Family Law Attorney Regardless of whether you are going through an intense separation, having issues settling issues with guardianship of your kids, or need assistance changing kid backing or support installments, our accomplished lawyers can help guide you through this troublesome cycle.

We Can Assist With The Following Issues:

•Divorce proceedings

•Spousal and child support

•Child custody

•Divorce settlement agreements

•Divorce mediation and arbitration

We can help you discover your direction regardless of what it is you need assistance with. Best Family Law Attorney Elizabeth NJ Put your case in the possession of the lawyers who are demonstrated victors and that really care about their customers.

[aion-rsa]

I Care a Lot: Peter Dinklage is the Scariest Gangster We’ve Seen in Years

https://ift.tt/eA8V8J

This article contains I Care a Lot spoilers.

J Blakeson’s I Care a Lot is one of very few films where everyone in it is a villain. In the lead role, Rosamund Pike ushers in a new amoral high mark as conservator con artist Marla Grayson. Peter Dinklage meanwhile mines the standard Hollywood heavy role for an unexpected haul of gangster gravitas. And with his turn as Roman Lunyov, the former black sheep of the Lannister family in Game of Thrones joins the likes of Robert De Niro, Marlon Brando, Wesley Snipes, and Humphrey Bogart as memorable cinema crime bosses.

However, this isn’t Dinklage’s first turn in a mob movie. He got his button in Find Me Guilty (2006). The film was based on the true story of Lucchese crime family soldier Jackie DiNorscio, played by Vin Diesel, and the longest mafia trial in American history. The movie was co-written and directed by Sidney Lumet, who not only helmed such crime classics as Dog Day Afternoon and Q&A, but was one of the original Dead End kids when the proto-gangster social drama was still on Broadway. Dinklage didn’t play a mobster in Find Me Guilty. He played a lawyer.  

Dinklage’s Lunyov Family isn’t strictly going up against law enforcement in I Care a Lot. Rather Pike’s Marla Grayson and her partner in crime (and life), Fran (Eiza González), are court-appointed guardians from hell, and they represent a rival outfit. They are also operating a lucrative racket.

This guardianship gang war could be seen as similar to the scenarios which happened when Italian, Jewish, and Irish mobs moved in on the Harlem and Chicago numbers games in the 1920s and ’30s. Or how Michael Corleone’s first order of business as head of family in The Godfather was to take over the casinos in Las Vegas. Like Don Vito Corleone before her, Marla’s also got judges, such as the sympathetic Judge Lomax (Isiah Whitlock Jr.), in her pocket. Eldercare racketeering dominance is also comparable to the prohibition fights of The St. Valentine’s Day Massacre, and the body count is just as high. The take is just as sweet.

Edward G. Robinson set the standard for cinematic mob rule as “Rico” Bandello in Little Caesar (1931). Dinklage’s Roman Lunyov, by contrast, is more of a Czar. He heads a family in the Russian mafia and purports himself like a descendant of the Romanov dynasty. But he’s got Cossack in him. It’s in his DNA and cascading down his chin like the tail of a cavalry horse.

On Game of Thrones, Dinklage’s Tyrion Lannister was part of an insidious dynasty whose roots intertwined with every twig of the ruling class. The modern Russian mob, on screen and off, can boast even more branches.

Netflix’s World’s Most Wanted dedicated an episode to Semion Mogilevich, the reputed head of the Russian mob (aka Bratva). While Moglievich is allegedly tied to arms dealing, international trading scams, and countless murders, the cops in the documentary series compare him to the Keyser Söze character from The Usual Suspects. He’s a respected, low-key businessman who likes to smoke. He lives in a mansion next to the head of the Communist Party in Russia. His activities aren’t merely state-sanctioned, they are apparently encouraged.

Dinklage’s Roman is all these things, even as his identity is actually more elaborately guarded than Söze’s, and his tastes run toward elitist’s treats.

But then Russian mobsters are always ruthless on screen. These are the guys who killed Denzel Washington’s seemingly indestructible narco cop Alonzo Harris in Training Day (2001). You never prepare for that. When the “Three Wise Men” who always have your back tell you to skip town, you know you’re dealing with folks in a rough trade. On Netflix’s Orange Is the New Black, Galina “Red” Reznikova (Kate Mulgrew) would rather go to jail for keeping bodies on ice than say she was keeping them fresh for the Russian mafia in Queens.

Dinklage’s big bad leans into this mythic image of Russian mobsters, with Roman appearing cut from the same cloth as the New Jersey-based operators who could make even Tony Soprano take pause in The Sopranos. Albeit if Dinklage’s character ever actually visited the tough guys in the Garden State, he would probably need to rethink his man-bun. After all, Tony Soprano couldn’t even get away with shorts.

When James Cagney had fist fights in his early films, he was always matched with a bruiser twice his size because the studios thought no one in the audience would accept him being remotely challenged otherwise. Dinklage also doesn’t display a traditionally imposing physical presence. But he is no lightweight. His own thugs cower at the very thought of a cross word. In the Lunyov family, it’s best to bring a gun to a food fight.

Roman’s personal attorney almost wets his briefs when he screws up. That’s because Roman is as unpredictable as Cagney’s Cody Jarrett, the gang leader in White Heat, Cagney’s most psychopathic role. Dinklage’s introduction as Roman shows him asking how many mules died on the last drug run. He calculates them coldly, as part of business, with the sociopathology of a Chief Executive Officer. But his biggest similarity can be found in oedipal complexities. Like Cody Jarrett, Roman Lunyov loves his mother.

We don’t know much about Jennifer Peterson, the nice old lady played by Dianne Wiest. She’s got money, a nice house, no living relatives, and a doctor who will exaggerate dementia symptoms in court for a stock payoff.  On the surface Peterson seems to be a competent business woman who retired after a successful career. Now under the less than sensitive care at the Berkshire Oaks Senior Living facility, we realize her chosen field was career criminal. After all, any of these sweet old ladies could have had criminally scandalous youths.

When Marla finally asks her ward who she is, all Jennifer has to say is “I’m the worst mistake you’ll ever make.” We learn she has more than one son in the Russian mob. She could be a post-Glasnostic Ma Barker from the Prohibition era. Barker’s fictional approximation in White Heat, Ma Jarrett (Margaret De Wolfe Wycherly) tells her son she can take care of herself. And while Jennifer may have been declared legally unable to do just that in I Care a Lot, she is quite adept at a choke hold, eschewing the standard garrote assassination for her own elbow.

Marla doesn’t romanticize her mother, calling her a psychopath and offering her up as the collateral damage of closing costs. Her single-minded opportunism is more sociopathic than Pike’s Amy Dunne in David Fincher’s adaptation of Gone Girl. She employs a cutthroat logic that’s in the same territories as bad-mannered comedies, but with the ruthlessness of the shark in Jaws.

Roman’s black-on-black dress code ensembles, by contrast, broadcast a desire for stylish power games. Marla is not interested in gangster chic; she prefers classy monochromatic suits so brightly focused they attract moths like flames. Her crew is all business as usual. Dr. Amos (Alicia Witt) is the fixer. She picks the “cherries,” elderly cash cows who can be milked in the retirement home. Sam Rice (Damian Young) is the monster at the center of the center. Everyone’s got a soulless nature except Eiza González’s Fran, who is also the only one to see the wisdom of getting the fuck out of there.

Dinklage is fearsome in one of the scariest screen gangsters in recent years. This guy can dispatch troublesome community angels easier than a creamy éclair pastry–and he loves those treats. He even takes a last loving bite of a chocolate-covered, custard-filled house specialty before he tosses it onto the cold concrete of an underground parking garage.

When he ends negotiations with Marla, his only caveat is to make it look “organic.” Georgia Lyman, who is only credited as “the Assassin,” is I Care a Lot’s Luca Brasi, sharing duties with a few “heavies.” The film’s Fredo is Alexi Ignatyev, played by Nicholas Logan as if he’s always waiting for another shoe to drop. Even Ms. Peterson laughs and calls him an idiot. She laughs a lot, and it’s not just the steady drugs she’s being forcibly and legally dosed with, it’s the glee of power.

Roman’s power lies in his legal team, and the Lunyov family’s Tom Hagen is Dean Ericson (Chris Messina). One thing you have to admit with the Russian mob is they do appreciate innovation and sophistication. Ericson can’t help but be impressed by Marla’s scam. His lowball offer of $150,000 is an insult, but an understandable one. His veiled threats are as subtle as his suits are ostentatious.

Marla doesn’t seem to appreciate the power the Lunyov family wields, but she does appreciate the irony.

“If you can’t convince a woman to do what you want,” she says, appraising the fine print under the mouthpiece’s exploratory offer, “then you call her a bitch and threaten to kill her.” Marla pays it forward by calling the Lunyov matriarch far worse and threatening extreme discomfort, which she promises will last until the day she dies. As restrained as her venom may be, Marla is a proud femme fatale. Though also a stereotypical “ice queen” villainess, and heartless materialist. We’re almost sorry to feel bad for Marla when she is tied to a chair during last minute negotiations.

Director Blakeson, who made the science fiction action movie The 5th Wave and the noir thriller The Disappearance of Alice Creed, sets up I Care a Lot like a horror movie.

“There’s no such thing as good people,” Marla Grayson says at the start of the film. The opening is exquisitely unsettling as Jennifer is guided through a process of enforced institutionalization, followed by her house being emptied, painted, placed on the market, and sold. The plot thickens as keys are traced to a safety deposit box containing millions of dollars’ worth of diamonds, which officially don’t exist. Most gangster films aren’t driven by this kind of mystery, but Roman is a new kind of gangster. Though cheap, dead drug-mules are an unnecessary expense, the Lunyov family want to make a difference in the world.

Blakeson wanted to highlight all-too true stories of elder abuse and the perils of court-appointed conservators which could even bring The #FreeBritney movement calling. But he captures the allure of the anti-hero and the all-American dream of a corner on the market. Roman Lunyov has one final thing in common with Michael Corleone, and many of the traditional gangsters: He wants to earn money legitimately. This is not to be confused with wanting to go legit.

Those of us who root for the “bad guys” will find a wealth of insidious characters, and a very original caper, at the heart of I Care a Lot. Peter Dinklage’s Roman Lunyev may go against type, with his eastern bloc nobility stunted by the limits of black comedy. But as a movie mob boss, he is Street Regal.

I Care a Lot can be streamed on Netflix.

cnx.cmd.push(function() { cnx({ playerId: "106e33c0-3911-473c-b599-b1426db57530", }).render("0270c398a82f44f49c23c16122516796"); });

The post I Care a Lot: Peter Dinklage is the Scariest Gangster We’ve Seen in Years appeared first on Den of Geek.

from Den of Geek https://ift.tt/3sdUjQs

[girolaw-blog]

Ask a Family Law Lawyer in Bergen County: How to Choose the Right Guardian?

In New Jersey, a guardian is a person or agency appointed by the court to act on behalf of an individual. Establishing a guardianship is a legal process. Guardianships are sought to care for minor children upon the early death of their parents, and for people over 18 with developmental, mental, or physical disabilities. Some guardianships may even be created toward the end of a person’s life, particularly if that person suffers from cognitive difficulties, such as Alzheimer’s, and it was part of the older person’s elder care plan prior to the period of incapacitation. Whether the prompt to designate a guardian begins when a child is born, an individual is diagnosed with a chronic illness, the parent is diagnosed with a chronic illness, or as part of the establishment of an estate plan, the process for obtaining a guardianship in New Jersey is the same. Choosing a Guardian When considering appointing a guardian for your minor children or an incapacitated adult, the first step is to find a person willing to act in such a capacity. Again, the role of a guardian is to act on behalf of the minor or incapacitated adult in all things. Many people are not willing to raise someone else’s child or care for an elderly or incapacitated individual. Assuming such a responsibility is not a light decision. The commitment to care for your minor or adult child with special needs can be temporary, until the minor child reaches the age of majority, or permanently, if the child suffers from a chronic condition like autism or multiple sclerosis. Choosing a guardian involves objective and subjective considerations. Factors such as reliability, stability, sound judgment and values similar to the parents is a good place to start. In addition to becoming the legal representative for the minor child or incapacitated adult, the guardian also serves as an emotional anchor and the minor child’s surrogate parent. Advice and counsel, joys and heartbreaks, rites of passage like admission to college, the birth of your grandchildren, will be among life events the guardian will nurture and support. Appointing a Family Member Parents choosing a guardian for their children, often look to family first. Grandparents, siblings, aunts, uncles, and cousins from both sides of the family should be considered. If your children or incapacitated adult child have a relationship with the relative that is positive and mutually important is another consideration. Lastly, think about how many children you have – can one person take them all? A guardian can be appointed for a minor child or an adult child with developmental, mental, or mental conditions. The main duty of a guardian is to represent the minor or adult child in all things – providing guidance in financial, medical, and emotional matters. Do Guardians Get Paid? A guardian who assumes the role of raising minor children or assisting incapacitated adult children does not necessarily receive a monthly stipend for being the guardian. Guardians may receive financial support for the minor children from Social Security, as beneficiaries of a trust, or in financial provisions left by the child’s parents in a will. If a guardian receives money directly for being the guardian separate and apart from the financial support provided for the needs of the child, it often comes as a gift from the parents in a will or a provision in trust or guardianship documents that specifically provide for such a payment. This is separate and apart from the child’s expenses, which if included in the trust documents, states the rules for reimbursement of the child’s costs, like medical bills and educational expenses. Guardianships are often accompanied by trusts. A trust is a fiduciary relationship between two parties in which one party, the guardian in this scenario, holds legal title to property or assets for the benefit of a third party, the minor child or incapacitated adult. For example, in a will, a parent will designate that in the event of his or her death, the proceeds of a life insurance policy are to be paid to the child. If the child is an adult, the cash gift happens as part of the settlement of the estate. If the child is a minor or an incapacitated adult, the parent designates that the money be placed in a trust and managed by a trustee until the child reaches a certain age. If the other parent is alive, no guardianship may be necessary and there will only be a trustee of the trust. Raising children is expensive. When establishing a trust, some parents often choose a trustee for their child who is a separate person from the guardian they choose for their child. There are reasons why this type of structure may work. A third-party brings an extra level of protection for the administration of trust, ensuring no one runs away with the child’s money, or that the proper expenditures are being made that are appropriate for the child’s development and education. Speak to a Family Law Lawyer in Bergen County Today Whether you choose to appoint one or two legal guardians for your minor children or incapacitated adult children, it is important to receive legal advice on how to set up a guardianship in the event of your untimely death. Need Help Establishing a Guardianship for Your Minor Children or an Incapacitated Adult? Finding an appropriate guardian for your children in undeniably important. If an immediate family member is not available to assist your children in the event of your death, consider close friends. Our Family Law Lawyers in Bergen County, NJ help families with child support, child custody, guardianship, spousal support, divorce, Medicaid planning, special needs, probate, and veterans’ affairs matters, among others. To request a consultation with a Family Law Lawyer in Bergen County, click here or call (201) 690-1642 today. For more information click here. alimony lawyers New Jersey

[duaneodavila]

Say A Little Prayer: The Queen Of Soul Dies Without A Will

(MOLLY RILEY/AFP/Getty Images)

In her most famous anthem RESPECT, Aretha Franklin, sings: “I’m about to give you all of my money.” This week the Queen of Soul’s four adult sons are surely receiving this message, as the heirs to their mother’s eighty million dollar fortune.

The sons’ inheritance, however, is not prescribed by their mother who died without a Will. Instead, the State of Michigan’s intestate laws will “sock it to them,” that’s right, Aretha Franklin, winner of 18 Grammy awards and the first woman to be inducted into the Rock and Roll Hall of Fame died without a Will.

Although it is not uncommon for individuals, even those of great wealth to die without a Will (e.g. Prince), it is particularly striking in this case, because Franklin was no stranger to courts, lawyers and legal controversies. Throughout her professional life Franklin was the subject of numerous lawsuits involving, defamation of character, creditor issues for non-payment of vendors and tax controversies. Having so much interaction with attorneys and so much control over her business, it is shocking that a Will or some kind of final directive, especially pertaining to her music royalties, has not surfaced.

In certain cases the laws of intestacy may distribute your estate just as you would dictate in a Will. It is possible that had Franklin executed a Will, her sons, the natural object of her bounty, would also be her Will beneficiaries. A Will, however, provides much more than specifying legacies. A probate proceeding, when a Will is offered to a court, moves faster than an intestate or administration proceeding and requires less proofs in order to get court authorization to marshal a decedent’s assets. Often fiduciaries in administration proceedings need to secure a surety bond before serving, while in probate proceedings they often do not. Estates involving complex assets, such as music royalties or real estate require special mechanisms for administration that only a Will can provide. Perhaps most important, the laws of intestacy do not provide vehicles for the distribution of assets to disabled beneficiaries. Under a Will you can direct that a disabled beneficiary’s inheritance is held in a special needs trust preserving her government benefits in the event she receives an Estate bequest.

Given Franklin’s known desire for privacy, as is common with public figures, she would have benefited from the establishment and funding of a revocable trust in lieu of a Will. Franklin could have transferred all of her assets to a trustee to administer in a trust during her lifetime. Franklin could have even served as her own trustee. The trust, upon the settlor’s death is not filed with the probate court and therefore provides great privacy as to the identity of beneficiaries and assets. It is also more arduous to challenge the validity of a trust than it is to question a Will.

Estate administration is difficult because we are forced to settle the decedent’s personal and financial matters all the while grieving a loss. In complex estates, and ones without planning, the risk for disagreement amongst the heirs, or worse litigation, runs high. Hopefully, Franklin’s heirs, in return for their inheritance, will do as their mother sang and give her propers and respect… just a little bit.

Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com. 

Say A Little Prayer: The Queen Of Soul Dies Without A Will republished via Above the Law

[posternockd]

Closing a deceased loved one’s credit card account as soon as possible can help provide peace of mind that your loved one’s estate and identity are safe. For more information contact our Estate Planning Attorneys New Jersey and call us today at 856-214-8797.

[pnwdoodlesreads]

       By Kristina Cooke and Mica Rosenberg

Parents who immigrated illegally to the United States and now fear deportation under the Trump administration are inundating immigration advocates with requests for help in securing care for their children in the event they are expelled from the country.

The Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) advocacy group has been receiving about 10 requests a day from parents who want to put in place temporary guardianships for their children, said spokesman Jorge-Mario Cabrera. Last year, the group said it received about two requests a month for guardianship letters and notarization services.  

At the request of a nonprofit organization, the National Lawyers Guild in Washington D.C. put out a call this week for volunteer attorneys to help immigrants fill out forms granting friends or relatives the right to make legal and financial decisions in their absence.

In New Jersey, immigration attorney Helen Ramirez said she is getting about six phone calls a day from parents. Last year, she said, she had no such calls.

"Their biggest fear is that their kids will end up in foster care," Ramirez said.

President Donald Trump's administration has issued directives to agents to more aggressively enforce immigration laws and more immigrants are coming under scrutiny by the authorities.

For parents of U.S. citizens who are ordered removed, the U.S. Immigration and Customs Enforcement (ICE) agency "accommodates, to the extent practicable, the parents' efforts to make provisions" for their children, said ICE spokeswoman Sarah Rodriguez. She said that might include access to a lawyer, consular officials and relatives for detained parents to execute powers of attorney or apply for passports and buy airline tickets if the parents decide whether or not to take the children with them.

Randy Capps of the Migration Policy Institute (MPI), a Washington-based non-profit that analyzes the movement of people worldwide, said that while putting contingency plans in place is a good idea, he does not think the level of fear is justified.

During the previous administration of President Barack Obama, a Democrat, the likelihood of both parents being deported was slim, Capps said.    

He doubts there will be a huge shift under Republican Trump toward deporting both parents.

  "The odds are still very low but not as low as they were – and this is just the beginning of the administration," he said.

About five million children under the age of 18 are living with at least one parent who is in the country illegally, according to a 2016 study by MPI. Most of the children, 79 percent, were U.S. citizens, the study found.

In the second half of 2015, ICE removed 15,422 parents who said they have at least one U.S.-born child, according to ICE data.

Obama was criticized for being the "deporter in chief" after he expelled more than 400,000 people in 2012, the most by any president in a single year. In 2014, the Obama administration began focusing on a narrower slice of immigrants, those who had recently entered the country or committed serious felonies. Trump has said he would still prioritize criminals for deportation.

'WORRIED ALL THE TIME'

In rural New Jersey, Seidy Martinez and her husband Jose Gomez have begun the difficult conversations with their 10-year-old daughter about what would happen if her parents were deported.

Martinez, a house cleaner, and Gomez, who works on a horse farm, are both from Honduras. They entered the United States illegally, and do not have papers, unlike their daughter, who has been granted asylum, and their 3-year-old son, a U.S. citizen.

"Now we are worried all the time. We don't have anything that would allow us to stay here," said Martinez. "Our main concern is what will happen to our children."

She has told her daughter that she could live with her aunt in Miami and is considering drafting paperwork that would give her relative some legal rights if she and her husband are deported. The 10-year old tries to comfort her mother. "She tells me, 'Mami, tranquila. Don't be afraid, I am scared too but don't worry everything will be OK.'"

'IF MOM DOESN'T COME HOME'

Rebecca Kitson, an immigration attorney in Albuquerque, New Mexico, says she advises her increasingly nervous clients to have the kind of conversations Martinez and her husband are having with their children.

She said she urges parents to be specific in their instructions. "If Mom doesn't come home by a specific time, who do [the kids] call?" said Kitson.

Immigration groups are offering low-cost services. CHIRLA, for example, offers a free sample letter and help filling it out, which then must be notarized at a cost of about $10. But some parents here illegally say they have had trouble finding affordable help.

Melvin Arias, 39, a New Jersey landscaper from Costa Rica who entered the United States illegally 13 years ago, said he decided after hearing news of stepped-up immigration enforcement to take legal precautions for his five-year-old son and six-month old daughter, who are both U.S. citizens.

But when he asked for help from two different lawyers, Arias was told preparing legal documents would cost him between $700 and $1,250. He is looking for a cheaper way to obtain the paperwork he needs.

"If there comes a time when both of us have a problem, I want there to be a responsible person who can come and get [the children] for us, to take them to wherever we might be,” Arias said.

(Reporting By Kristina Cooke in San Francisco and Mica Rosenberg in New York; Editing by Sue Horton and Grant McCool)

[advertphoto]

Utah Uniform Probate Code

Uniform Probate Code ideally standardizes the various state laws relating to wills and trusts. It also ideally simplifies the probate process. However, only a handful of states have used it. Probate can be a time-consuming process, and Uniform Probate Code, might shorten probate time. Here’s how it works. Probate is the process by which a court confirms and finalizes the contents of a will. It deals with the legal validity of wills, the probate process, creation of trust, and other related concept. Each state writes its own probate law, so it varies by state. The probate laws in each state often contain titles with wording like “Trust and Fiduciaries,” “Decedent’s Code,” Estate Administration,” and the “Uniform Probate Code.” In general, the probate process in each state is fairly similar.

First, you open an estate, submit a will, and determine heirs. You also appoint a personal representative or executor. Secondly, the executor then takes possession and control of the decedent assets during the probate process. The executor can sell assets, if necessary, to satisfy claims. Then, if necessary, the estate can protect surviving family members. Maybe a family receives an allowance, fixes homestead rights or has personal property exempted. The executor must pay taxes and creditors. However, they also can deny creditors’ claims. Meanwhile, the executor must file any applicable tax returns, namely decedent’s final income tax return, estate and fiduciary tax returns. Estate assets typically pay off all taxes. Finally, the executor distributes assets among all beneficiaries. However, they must first pay the administration expenses, creditors’ claims, and taxes. Probate begins when the testator or decedent (person who died and is presumably leaving their assets to someone else) dies. Some states have a deadline of a few years for probating a decedent’s will.

Meanwhile, other states have no deadline. The impact of this is that if a will is not found until after the deadline has passed, the will is invalid and cannot undo the probate process. For example, if a parent of three living children dies and no one can find a will, the probate process occurs with the assumption that there is no will. The probate process occurs and is completed, and the parent’s money is then split equally among the children. If a will is found after the deadline passes, willing all the money to just one of the three children, the will is invalid because the deadline has passed. In states with the statute of limitations, it runs up to three years after the decedent’s death.

States that Have Adopted Uniform Probate Code

Uniform Probate Code was first created in 1969 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) and was amended in 1990 as a model code that states could adopt to standardize probate laws. The entire Uniform Probate Code has been adopted by eighteen states. Other states have adopted parts of the Uniform Probate Code, but it has not become a standardized law across all fifty states. They are:

• Alaska • Arizona • Colorado • Florida • Hawaii • Idaho • Maine • Massachusetts • Michigan • Minnesota • Montana • Nebraska • New Jersey • New Mexico • North Dakota • South Carolina • South Dakota • Utah

Uniform Probate Code

The Uniform Probate Code (UPC) is a set of model laws drafted and regularly reviewed by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The NCCUSL was created in 1892 to promote uniformity in state law on all subjects where uniformity is desirable and practical. The UPC was first drafted in 1969 to provide a common set of rules state legislatures may adopt to govern how probate courts decide issues involving inheritances, guardianship of minors or incompetent persons, durable powers of attorney, and trust administration. Revisions to the UPC were adopted by the NCCUSL in 1989–1990; some states have not adopted the revisions at all and some have adopted it only in part. Therefore, although the UPC has been adopted, at least in part, by 18 states, there still may be a great deal of variation between the statutes of those states. One section of the UPC contains a set of rules for determining who is entitled to receive a deceased individual’s “probate” property.

The Uniform Probate Code (UPC) is a comprehensive statute that unifies, clarifies, and modernizes the laws governing the affairs of decedents and their estates, certain transfers accomplished other than by a will, and trusts and their administration. The UPC was originally approved by the National Conference of Commissioners on Uniform State Laws and the House of Delegates of the AMERICAN BAR ASSOCIATION in 1969. The purpose of the UPC is to modernize probate law and probate administration and to encourage uniformity through the adoption of the code by all fifty states. The UPC, which has been amended numerous times, has been adopted in its entirety by sixteen states: Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Carolina, South Dakota, and Utah. The other thirty-four states have adopted parts of the UPC, but in general the UPC has not succeeded in providing a uniform body of substantive and procedural probate law.

The UPC contains seven substantive articles. Article I contains general provisions, definitions, and jurisdictional topics. Article II governs wills and intestate succession, which occurs when a person dies without leaving a will. Article III deals with the probate of wills and the administration of estates, article IV concerns the probating of estates in states other than the domicile of the decedent, article V extends protection to persons under disability and their property, and article VI governs non probate transfers of property. Article VII contains comprehensive provisions on trust administration. The prime objective of the UPC is to simplify the probate process. For example, article III provides for supervised and unsupervised administration of probate. For estates with few assets and no disputes among the beneficiaries, the UPC allows unsupervised administration. In this case the executor of the will, who is called a PERSONAL REPRESENTATIVE in the UPC, handles the probating of the estate without direct supervision by the probate court. The personal representative handles every step of the probate process by filing a series of simple forms with the probate court. Unsupervised administration reduces the cost of probate and speeds up the process. Probate courts are freed from dealing with routine matters and may concentrate their efforts on estates with substantial assets or contested matters, where supervised administration is necessary. The adoption of the UPC by state legislatures has been fought both by attorneys, who are opposed to unsupervised administration and to the overturning of current state laws governing probate, and by bonding companies, which stand to lose business because unsupervised probate does not require the posting of a bond. In light of this opposition, the Commissioners on Uniform State Laws have developed freestanding acts from similar provisions integrated into the UPC. This technique permits provisions, such as those involving powers of attorney and guardianship, to become law without disturbing other parts of a state’s probate code.

Probate Process in Uniform Probate Code (UPC) States

UPC states offer three kinds of probate: informal, unsupervised formal, and supervised formal. Here is an overview of each, keeping in mind that each UPC state is a little different because each one has modified the UPC. Most probates in UPC states are informal, with no court hearings. You can use informal probate whether or not the deceased person left a will and whether the estate is big or small. But if anyone wants to contest the proceeding, you cannot use informal probate. Your first step is to get permission from the probate court to serve as the personal representative (the term that UPC states use instead of executor or administrator). You can probably get a fill-in-the-blanks application from the court. You must apply within three years after the deceased person’s death. A court employee usually called a “probate registrar” or “register,” will approve or deny your application. It should be approved unless someone objects, you missed the three-year deadline, or the will (if there is one) does not appear to be valid. Your authority to act on behalf of the estate will be granted in a document that’s usually titled Letters Testamentary or Letters of Administration. People commonly refer to it, though, just as “letters.” You will need to send formal written notices of the probate to heirs, will beneficiaries, and creditors that you know about. You may also need to publish a notice in the local newspaper (in some states, before the court actually appoints you as personal representative). One of your first tasks is to prepare an inventory and appraisal of the deceased person’s assets. For some assets, you may be able to estimate of the market value; for others, you’ll need an appraisal from an expert. In some states, you file this inventory with the probate registrar; in others, you can show it to the registrar and mail it to interested parties, but it doesn’t have to become part of the public records.

When it’s clear that the estate has enough assets to pay debts, taxes, and expenses of administration (court and lawyer fees, for example), you can start distributing property to the inheritors. As a practical matter, this means that you should wait until the deadline for creditors to file claims has passed—usually three or four months from the time you publish the notice to creditors. First, you’ll prepare a document called a final accounting, to show how you handled the estate assets. Your state may provide a fill-in-the-blanks form. The accounting lists any income the estate assets received during probate and any losses to the estate—for example, if an asset declined in value. It also shows the amounts you paid to creditors and how much you distributed to beneficiaries. You’ll file the accounting with the court and will probably be required to send copies to interested parties, including beneficiaries and creditors. Then, you need to file a form called a “Closing Statement” (or a similar name) stating that you have paid all debts and taxes, distributed the property, and submitted the final accounting. You may also need to send a copy to each person who received property from the estate and to any creditor who hasn’t been paid. Unless someone comes forward to argue about something, your job is done. If you wish, you can choose to have a formal closing to your informal probate. The court will review your accounting and then, if everything is satisfactory, issue an order officially approving how you handled the estate. Some personal representatives want a formal closing because they have an accounting question for the court to resolve, or because they want court approval to help protect themselves from possible claims that they mishandled something. For example, if you paid yourself a good-sized but fair fee for serving as executor, you might want the court to approve it so that beneficiaries will know you handled the matter properly.

Unsupervised formal probate in UPC states is a traditional court proceeding, much like regular probate in other states. Because it is lengthier and more expensive than informal probate, generally unsupervised formal probate is used only if there’s a good reason, such as disagreements among family members or creditors, possible complaints from beneficiaries about your handling of the estate, or not enough money to pay all the creditors. Before the court appoints you as personal representative, you will have to schedule a hearing and send written notice to all interested persons ahead of time. Interested persons include beneficiaries named in the will, the deceased person’s heirs (relatives who would inherit under state law if there were no valid will), and anyone who has formally asked the court to receive notices connected with the case. You’ll also need to publish a notice of the proceeding in a local newspaper. Anyone who objects to your appointment can speak at the hearing. You may need to get the court’s permission before you sell the deceased person’s real estate (unless the will authorizes it), distribute property to beneficiaries, or pay a lawyer—or yourself—for work done on behalf of the estate.

Probate Lawyer Free Consultationr

When you need legal help with a Utah probate, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you with the Utah Uniform Probate Code.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Real Estate Contract Law

Solution For Custody And Child Support

Real Estate Investment Company In Utah

Concealing Assets With Bitcoin In Divorce

Children Leaving Foster Care

Payment Terms In A Contract

{ “@context”: “http://schema.org/”, “@type”: “Product”, “name”: “ascentlawfirm”, “description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. “, “brand”: { “@type”: “Thing”, “name”: “ascentlawfirm” }, “aggregateRating”: { “@type”: “AggregateRating”, “ratingValue”: “4.9”, “ratingCount”: “118” }, “offers”: { “@type”: “Offer”, “priceCurrency”: “USD” } }

Source: https://www.ascentlawfirm.com/utah-uniform-probate-code/