Month: June 2017

When Do I Need a Criminal Defense Lawyer?

Were you contacted by the police or a government agency? If so, you might be wondering if it’s necessary to hire a lawyer or not. The police or other government authorities don’t always want to people because they’re suspects. They may simply want to talk to them to learn more information about a particular case. So how do you know when it’s in your best interest to hire a lawyer like a criminal defense lawyer Phoenix AZ can count on? Keep the following tidbits of information in mind.

The Police or a Government Agency Wants to Question You

If the police or a government agency come to your home or place of work, they might just have some questions for you. However, even if you are not under arrest, you should answer questions with caution.The authorities have been known to lie to people and ask them illegal questions to get information. If something doesn’t feel right, you can tell them that you don’t want to answer questions without an attorney present. A criminal attorney can help protect your rights and prevent you from telling the authorities self-incriminating information.

Did the Police Charge You With a Crime?

The police normally must release you in 24 to 72 hours if they haven’t charged you with a crime. It still may be beneficial to consult with a criminal attorney, even if you haven’t been formally charged. He or she may be able to get your released before the 72 hours is up.

You Have a Court Appearance

If you have to go to court, be sure to hire legal representation. Representing yourself is never a good idea. You might not understand the law fully and won’t be able to remain objective. An experienced criminal lawyer can prepare you for your court date and help everything run more smoothly.

Hire a Criminal Lawyer Today

If you believe you need to hire a criminal lawyer, schedule a consultation with one today. The sooner you hire a lawyer, the sooner you can put all of this behind you. Many criminal lawyers offer free initial consultations, so you have nothing to lose by speaking to one. During your consultation, you can discuss details about your case and obtain valuable advice. Be completely honest with your lawyer and include every little detail. A good criminal lawyer won’t judge you and will try hard to help you get the best outcome possible.

Lorona Mead Thanks to our friends and contributors from Lorona Mead for their insight into criminal defense practice.

When an Elderly Parent Refuses to Write a Will

Most adults can benefit from having a will or some form of estate planning when it comes to ensuring their legacy. Without a will of some kind, it can be impossible for surviving family members and friends to know their final wishes. This can create a tremendous emotional burden for loved ones who are left behind. Unfortunately, when an elderly parent refuses to write a will, it can become a challenging roadblock.

There are several reasons why someone may not write a will. These are some of the most common explanations:

  • They have procrastinated about writing it.
  • They are not emotionally prepared to deal with writing a will.
  • They have succumbed unexpectedly to a life-threatening illness before having the opportunity to write a will.
  • They cannot afford to write a will.
  • They believe they do not have sufficient assets to justify writing a will.

Unfortunately, without a will it will be difficult if not impossible to know their final wishes, including the distribution of their assets which will then have to go through the probate process. However, convincing an aging parent to do so is not as easy as it sounds in every situation.

Begin Small

Sometimes taking small steps is best when dealing with elderly individuals, especially a parent.

  • Designating a power of attorney is an inexpensive step that can be accomplished quickly.
  • Combining a power of attorney assignment with a living will can be a good next step. Power of attorney can also be assigned separately for fiduciary responsibilities and medical directives. Very often the power of attorney is assigned to a close family member or friend who will be part of the potential inheritance group.

Make an Inventory of Assets and Liabilities

A durable power of attorney will allow the individual the legal right to represent the parent in any of their personal affairs, which also means the power of attorney holder can investigate all financial issues of the parent.

  • The issue of dying intestate is that assets are subject to tax and divided according to state law.
  • Establishing a will means that assets can be placed in irrevocable trusts that effectively transfer ownership of those assets to the inheritance pool. This means the assets are not considered property of the elder parent and therefore will not be taxed upon their death.
  • Allocation of physical property can also avoid probate and taxation if they are transferred prior to death as well.

Consult with an Estate Attorney

Working with an estate lawyer Sacramento trusts can be advantageous when explaining to an elderly parent what the outcome of dying without a will can be. In addition, an attorney can advise on how to move forward legally with drafting a will after a power of attorney is assigned. Allocation of assets following the death of an elderly family member can be a highly-contested legal issue when certain individuals believe they stand to inherit property but foul play was involved. An estate attorney can work with the elderly parent and an immediate family member to minimize the risk of a contested will.

Yee Law GroupThanks to our friends and contributors from Yee Law Group for their insight into estate planning and elder law.