Protect Your Loved Ones From Wills Disputes
It's a case borne out of a soap opera. The stepchild was deliberately left out of her stepfather's will simply because she's not a blood relative. Although the natural children argued that their father wanted his assets - all shares in the family business - to remain in the family, the judge ruled that the remaining heirs should pay the stepchild her portion of the inheritance. The judge didn't defy the father's wish to keep the family business under the management of his heirs. Rather the judge made it possible for a stepchild to claim inheritance without owning a share in the company. This case is a classic example for making sure your estate planning doesn't fall to wills disputes that could take away a significant portion of your children's inheritance from them.
Possible Vulnerabilities to Your Last Will and Testament
A wills dispute may be raised in certain cases when the bequeathing of the assets leaves out a person with a valid title to them or the circumstances leading to the drafting of the will were suspicious. For example, the individual makes the mistake of assuming that a family member will "do the right thing" and take care of a loved one who cannot be trusted to manage finances or be given access to financial instruments. Most of the time this doesn't happen and the loved one who was left out of the will must fight for his or her inheritance in court.
Another way to cast a dubious light on someone's inheritance is to question that person's ability to manage the assets or capacity to make informed decisions. This is frequently seen in cases when the deceased has left a major part of his estate to a minor or to someone who is incapacitated by mental retardation. The other heirs may raise a dispute against this provision in the will. The best measure against doubt is to provide corollary evidence of the person's abilities to manage his finances or to hold that person's inheritance under trust until the person comes of age or has met minimum qualifications, such as graduating from college with a business degree.
Find Possible Solutions through Mediation
Going to court may even be more expensive and long-winding than initially thought of by the claimants. Most of the time, all parties involved agree to a mediation process to avoid these hassles and the public embarrassment of airing the family's dirty laundry in court. Mediation often ends with an out-of-court settlement as a compromise. Both parties would bring their own lawyers to the negotiating table. Aside from these legal eagles, a mediation lawyer is also present as a neutral party and a trusted friend to help both sides reach an agreement that's amenable to everybody.
For more information on how to obtain positive settlements in a business dispute,and free expert advice from our legal team visit Parke lawyers.
From Disagreements to Litigation: 4 Reasons to Hire Business Dispute Attorneys
Owning a company is a lot of responsibility. Hard as you might try, there is no way to make everyone happy all of the time. Disagreements happen and, unfortunately, there will be times when you must have legal assistance. While it might be your first instinct to handle everything alone, there are several reasons you should hire business dispute attorneys.
1. Protect Your Company's Interest
It is in your company's best interest to always look professional. You don't want to offend a customer or client accidentally because of something one of your employees has done. In these situations, where something has happened to give your business a black eye, your business dispute lawyer can help smooth things over. He can protect the way your company is perceived by handling the problem professionally and quietly. In many instances, he can meet the complaint head on and settle it without resorting to litigation.
2. Access to Legal Resources
Having legal counsel is important when you run a company. These specialized lawyers understand what kinds of pressures you are going through as an owner, as many of them are business owners too, running their own firms. It is their job to help you make the most of each situation by being goal-oriented. In addition to all of the experience they have, they also have access to other lawyers, paralegals, and legal texts that offer a great deal of assistance to your company.
3. Specialized in Handling Disputes
Business dispute attorneys focus all their energy on disagreements that arise for your company. These specialized lawyers are familiar with complaints such as injury while on the property, breach of contract, or even patent disputes. They can also handle internal disagreements such as an employee's lawsuit or sexual harassment cases.
4. Knowing When to Pursue Litigation
These attorneys have a finely tuned sensor that tells them when to pursue litigation and when not to. This experience can save you time and money, as not everything has to be taken to court. Sometimes disagreements can be settled by arbitration without involving the courts. For example, if you are being sued by a customer over an injury they suffered while on your property, your representative can settle this problem during arbitration by coming to terms on a fair monetary settlement. However, if your company is being sued over a patent infringement, and there was no such infringement, you may be better suited to take this dispute to court.
Of course, the question sometimes isn't should you hire a lawyer but when to hire one. It is always a good idea to have a firm picked out to represent your company in your time of need. If you own a small business, you might want to have a group to turn to as needed, but you might not necessarily plan to keep them on retainer. Do your research before a problem arises to find the best business dispute attorneys for your enterprise. This way if you need legal assistance, you know who to contact to settle the matter.
Learn more about probate, estate planning, and tips for hiring a best lawyers. Visit our website: http://www.probatelawyer.net.au/
A Domain Dispute Attorney: When Your Domain Is in Danger
For those who have a website, your domain is one of the most precious things you possess. Due to this fact, optimal consideration and diligence should be applied when working with it. Yet, not every person realizes the procedures that should be undertaken for domain address stability and legal troubles are certain to show up. Many unwelcome scenarios can occur concerning legalities with domain names. Like it is valid with all other things involving laws, conflicts can become incredibly confusing for those who don't focus on this legal field. This is exactly why domain name legal battles have to have the aid of a domain dispute attorney.
If you believe any type of common attorney is going to be sufficient for a domain name case, you need to alter your reasoning. Attorneys that do not focus on internet domains might not be alert to specific terms and regulations involved.. Of course, you would not seek the services of a divorce attorney to control your bankruptcy case. Similarly, you shouldn't seek a personal injury lawyer to handle your domain dispute. Also, your lawyer must also know all of the details of the Uniform Domain Name Dispute Resolution Policy.
Irrespective of your side (prosecutor or defendant) a skilled domain dispute attorney can help your case. Your case will benefit profoundly from a specialized attorney whether you are the accused cyber-squatter or the individual accusing another person of the offense. Should you not know what cyber-squatting is, it is the intent of holding and making use of a domain name in hopes of benefiting from an individual's trademark.
Some specific sorts of cyber-squatting incorporate typo-squatting. Facebook as well as other social media communities have actually been most of the key targets of this form of domain name squatting. It involves adjusting the text in the trademarked name only a little so that users think that the misspelled domain name is the authentic one. Name-jacking is also a commonly employed domain squatting strategy which can be battled legally. Oftentimes you'll discover squatters holding on to superstar name associated domain names in expectation of getting visitors or traffic or boosting the price of the domain name.
Domain theft is also quite prevalent in the sector and can more effectively be battled with a domain name lawyer. One of the more frequent illustrations of this is the loss of a domain because an employee with the domain account is not available. An experienced dispute lawyer can assist you in either of these situations.
Dissolved business partnerships also give rise to legalities, particularly when one partner always had lone access while the other business partner had nothing at all. A specialized domain dispute attorney can help with all of these domain concerns and more to enable you to achieve the most favorable end result.
Fathers and Child Custody Disputes
While it is generally thought that the courts seem to favor granting custody to the mother in a child custody dispute, that is not always the case. In years past, it was generally assumed that the mother was the one best suited to having full or primary custody of the children, but that assumption is changing. If you are a father involved in a divorce where child custody will be an issue, you will be best served to have an attorney representing you who has experience and who has helped other men in these types of cases.
In a recent Orange County, California case, the male client had almost given up hope of gaining custody of his children after his wife made numerous allegations regarding his parenting ability. After an investigation of the situation, it was demonstrated to the court that the mother had neglected to protect the best interests of her children. It was further proven that the male client provided the majority of the children's daily care. The result of the case was that the father won full custody, an almost unheard of victory for a father in a custody dispute.
If you find yourself in a similar situation, it is imperative that you carefully follow the advice of your child custody dispute lawyer. As a male, it is extremely important that you do not appear hostile or aggressive. Be as civil as you can be, demonstrating your ability to set a good example for your children. Yelling, screaming, and shouting will only hurt your case, and may feed into the other side's goal of showing you to be an inappropriate parent. You will more than likely feel anger at different times throughout the divorce and custody process, but staying in control is the best option and will help your case immensely.
For expert help with your child custody lawsuit, find a divorce attorney who truly wants what is best for the children, not just the usual and expected outcome. For expert help with your case be sure to inquire about whether the family lawyer has any experience with fighting for Father's Rights. Due to the preconception that the courts automatically side with the mother in child custody matters, it is imperative that your divorce lawyer has experience in seeking sole custody for fathers. Family law attorneys who win child custody lawsuits for fathers generally pursue the case from the standpoint that the father is the better parent. This may involve extensive investigations and interviews with people close to both the mother and father, as well as the children. This may be a more complicated type of case than the norm. Make sure you have an attorney who is equipped to handle child custody matters.
An Introduction to Contesting a Will
With death being a certain uncertainty (meaning it's sure that it will happen to anyone but not when it will happen), one of the fears of people who are beyond their retirement age is about what's going to happen to their loved ones that they'll be leaving behind in the event that they pass away. However, we can still determine how our assets will be distributed and to whom they will be distributed by way of executing a will.
As we all know, a will is a legal document that outlines someone's final wishes, which usually pertain to his possessions and dependents. It specifies what's going to happen to his possessions and to whom they will be given once he dies. There can be times, though, when those who are left behind get into a dispute about the will of their deceased relative.
Contesting a will
Sadly, it can happen that designated heirs of a dead person's estate can get into disputes about the latter's will. Contested will disputes are usually complex, not to mention stressful, for the contesting parties. They may raise issues of relationships between the deceased and his/her family members, sometimes bringing out those dreaded skeletons in the closet. Generally, designated heirs that contest wills and estates are those that seek a greater share of the deceased's estate. There are also those who have been left out of a will and feel that they should have received something, so they bring a claim against the estate of the deceased.
Who are eligible to contest a will?
This may depend on which country the will is being contested. However, generally, spouses (including de facto and former spouses), children (or, in some cases, stepchildren), grandchildren, and other persons who were members of the household of the deceased are eligible to contest a will. Those who challenge a will do so under the belief that it may have been done with undue influence or lack of testamentary capacity.
Executors and trustees
By law, executors and trustees are duty-bound to defend the last will and testament of the deceased. They must distribute the dead person's property according to what's stipulated in the will and carry out the administration of the estate. If an action is made against the estate, they are the defendants to such action.