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San Antonio, Texas Probate Attorney - Aldrich Law Firm
Law Firm Blog News |
2013/06/11 08:58
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What, exactly, is probate?
The term “probate” refers to a variety of legal procedures which involve the transfer of a person’s assets after death and the conclusion of the deceased person’s affairs. The cost, length, and complexity of the available probate procedures vary widely. A consultation with a Texas Probate Attorney will typically be needed to determine which of these procedures are needed given your particular situation. Two of the most important considerations in determining the right probate procedure are:
1. Did the decedent die with or without leaving a valid written will?
When a decedent leaves a valid written will in Texas, he is said to have “died testate.” In these cases, the terms of the will dictate the distribution of estate assets to individuals or entities named in the will as beneficiaries. In these instances a probate lawyer will file an Application to Probate Will, after which a probate hearing is held to “prove up” the facts in the Application and further to ensure that the will is valid.
In San Antonio, Texas, probate refers to the legal procedures that involves distribution of a person's assets after their death. Many times families are told by court officials that it is advised to seek a probate attorney. Our attorney at Aldrich Law Firm can assist you with the legal process needed to close out their deceased loved one’s affairs. Many times they may not know exactly what probate is and this is where we come in to help using our years of knowledge and expertise in this matter. In some cases it may be possible to avoid probate altogether. The best way to avoid probate is through the use of appropriate estate planning. We can assist in this as well.
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ID court rules man can face felony stalking charge
Top Court Watch |
2013/06/10 08:23
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The Idaho Court of Appeals has ruled that allegedly violating a Washington-issued no-contact order is sufficient to elevate charges against an Idaho man to felony first-degree stalking.
The judges on Friday reversed a 2nd District Court decision that had reduced charges against Paul Carey Hartzell to second-degree stalking, a misdemeanor.
According to court documents, a counselor who lived in Washington but worked in Idaho sought a no-contact order preventing Hartzell from contacting her for a year.
That's after he allegedly made unwanted advances, including at her home.
Initially charged with first-degree stalking, a judge reduced the charges against Hartzell.
That didn't sit well with prosecutors.
The Appeals Court agreed, ruling unanimously the district court judge erred by concluding the Washington state order couldn't elevate the Idaho charge to first-degree stalking.
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Conn. court declines to address email warrants
Law & Court News |
2013/06/07 10:09
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The Connecticut Supreme Court has declined to address whether state judges can issue search warrants for email accounts maintained by out-of-state companies like Google.
The court took up the issue in the case of former Monroe youth minister David Esarey, who was sentenced in May 2010 to six years in prison for sexually assaulting a 15-year-old girl and trading nude photos with her.
Justices upheld Esarey's convictions Friday. But they decided not to address his appeal argument that a state judge had no authority to issue a search warrant for his Google Gmail account because Google is based in California.
The court ruled instead that the issuing of the search warrant didn't affect the jury's verdict.
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Intel chair says NSA court order is renewal
Attorney Blog News |
2013/06/06 21:42
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The chairwoman of the Senate Intelligence committee says the top secret court order for telephone records of millions of U.S. customers of Verizon is a three-month renewal of an ongoing practice.
Democratic Sen. Dianne Feinstein of California spoke to reporters at a Capitol Hill news conference on Thursday after the Obama administration defended the National Security Agency's need to collect the records.
Other lawmakers have said previously that the practice is legal under the Patriot Act although civil libertarians have complained about U.S. snooping on American citizens.
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Somali torture victim: Ohio court hearing a relief
Legal Blog News |
2013/06/05 08:54
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Torture victim Abukar Hassan Ahmed was living in London when he decided several years ago to search again for the man he says crippled him during interrogations in Somalia in the 1980s.
It took just a half-hour Internet search in 2005 to locate the former government official then living in Ohio. Ahmed finally got the chance to tell his story in court last week after a federal judge ruled in his favor in a lawsuit against the official, Abdi Aden Magan.
"Justice is universal," Ahmed told The Associated Press after the hearing. Those "who try to torture a human being will be brought to justice anywhere he is. That is my message."
Ahmed, a former human rights advocate in Somalia, alleged in a 2010 lawsuit that the beatings he endured at Magan's direction make it painful for him to sit and injured his bladder to the point that he is incontinent. He is seeking more than $12 million in damages, though he's unlikely to ever see the money. Magan is believed to be living in Kenya, where even if he had the funds, he would be out of reach of U.S. courts. |
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