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San Antonio, Texas Probate Attorney - Aldrich Law Firm
Law Firm Blog News | 2013/06/11 08:58
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.


NY top court OKs tax on online sellers like Amazon
Law Firm Blog News | 2013/03/30 22:55
New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.

The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.

Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.

New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance.


Egyptian appeals court orders Mubarak retrial
Law Firm Blog News | 2013/01/16 22:11
A Cairo appeals court on Sunday overturned Hosni Mubarak's life sentence and ordered a retrial of the former Egyptian president for failing to prevent the killing of hundreds of protesters during the 2011 uprising that toppled his regime.

The ruling put the spotlight back on the highly divisive issue of justice for the former leader — and his top security officers — in a country has been more focused on the political and economic turmoil that has engulfed the country for the past two years.

Mubarak, who is currently being held in a military hospital, will not walk free with Sunday's court decision— he will remain in custody while under investigation in an unrelated case. The 84-year-old ex-president was reported last year to have been close to death, but his current state of health is unknown.

A small crowd of Mubarak loyalists in the courtroom erupted with applause and cheers after the ruling was read out. Holding portraits of the former president aloft, they broke into chants of "Long live justice." Another jubilant crowd later gathered outside the Nile-side hospital where Mubarak is being held in the Cairo district of Maadi, where they passed out candies to pedestrians and motorists.

The relatively small crowds paled in comparison to the immediate reaction to his conviction and sentencing in June, when thousands took to the streets, some in celebration and others in anger that he escaped the death penalty. Sunday's muted reaction could indicate that the fate of Egypt's ruler of nearly three decades may have in some ways been reduced to a political footnote in a country sagging under the weight of a crippling economic crisis and anxious over its future direction.


Court upholds summary for St. Louis police measure
Law Firm Blog News | 2012/08/22 15:03
A Missouri appellate court has upheld the proposed ballot summary for an initiative that would end state control of the St. Louis Police Department.

The Missouri Court of Appeals' Western District ruled Tuesday that the summary is fair and sufficient. The American Civil Liberties Union of Eastern Missouri had filed a lawsuit challenging the summary.

The ballot measure calls for St. Louis to oversee the city's police department instead of a state commission. Election officials reported earlier this month that supporters had submitted enough valid signatures for the measure to appear on the November statewide ballot.


Pettler & Miller LLP - Experienced Estate Planning Attorneys
Law Firm Blog News | 2012/08/07 11:50
Pettler & Miller LLP focuses in the area of probate and trust law.  Our extensive knowledge in the field allows us to offer advice, document drafting as well as other required or appropriate litigation based on your situation. Our estate planning attorneys handle all cases involving estate planning, probate, trust administration, conservatorships, guardianships and probate/trust and related litigation.

Our personalized services to our clients give you the attention you deserve with our ability to work closely to custom draft documents combined with representation in future court proceedings and litigation. While we represent individuals, we also have worked frequently with private professional fiduciaries as well as banks and trust companies.

We pride ourselves in working closely within the community and have been active in the area since 1935. Pettler & Miller supports the court system and the community involved. Many of our attorneys and staff members are actively involved in events with the legal community and charitable organizations.


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