Argen Law
Legal advice, information, resources and guides covering all aspects of the legal system.
Estate Disputes
Estate disputes occur on a regular basis. Most people aren't able to successfully manage their financial affairs before illness or death strikes. Specific state laws regulate how an estate will be dispersed in the event of an estate dispute, but this process is often long and arduous.
Toxic Torts
Hazardous materials come with specific instructions to reduce the risk of injury. Unfortunately, careless handling can cause an unsuspecting victim to be injured, which is why attorneys familiar with toxic torts are hired to demand compensation.
US Casino And Sports Betting Laws
Millions of Americans partake in gambling, but there are only a few states that have legalized sports betting and table games. As more jurisdictions begin to revamp and evaluate their gambling laws, you should learn everything that you can about the regulations before you place another bet.
Estate Disputes
There are a few reasons why the friends and family of a recently deceased person would dispute the last will and testament or petition the courts to find a missing will. Most states in the US will name the spouse of the deceased as the main beneficiary if a will has not been established or cannot be found. This can be troublesome for those that were remarried just before one party became deceased, recently established paternity or after previously disowned family members were taken back into the family circle. Although it does not occur often, sometimes unscrupulous people will coerce the infirmed to sign over power of attorney. Armed with this powerful legal document, a last will can be changed to disinherit relatives and name just one party as beneficiary. For this reason probate can be used to gain access to medical and financial records that can be used to launch a full investigation.Most people pass on without having established a will. Although some states will allow for the surviving spouse to receive the real property of the deceased, this may be a problem if the children produced from their union have not received any financial benefits. An official will contest can be lodged in which any beneficiary can challenge the actual inheritance as well as the inheritance of any other party listed on the will. One famous case that details what happens during a will contest includes the now deceased Anna Nicole Smith and her elderly husband James Howard Marshall II. Their marriage barely lasted for 14 months before Marshall passed away, and in his will neither Smith nor one of Marshall's two sons were included. A court battle, which lasted for more than 10 years ensued in which both of Marshall's sons and Smith argued that the last will and testament was somehow unlawful. Ultimately, the state of Texas ruled that Marshall's last will was to be upheld. Although many are aware of what can happen when a will is not properly drawn up, the vast majority of people do not establish a will whether they are young or advanced in age.
When real property is included in a will the beneficiaries automatically become responsible for paying all due property taxes. If the taxes are substantial enough most beneficiaries will abandon the property or refuse to transfer the deeds over to their names. These properties may sit unoccupied for years until the state seizes them and puts them up for auction. Other beneficiaries may attempt to purchase these properties from their relatives with a short sale or quit claim deed. Lawyers and financial experts recommend that people use estate planning to establish beneficiaries, estimate future estate and property taxes and avoid long probates.
05.01.2011. 10:06