A will could be made by anyone who is legally competent and at least 18 years of age. The person should be of a sound mind. When a will is being prepared, a testator or the person preparing the will should understand value of his property or estate. He should also be fully aware of the people to whom his belongings will be transferred.

For a will to be valid, it must meet several legal requirements. The laws for validating a will vary from state to state, usually requiring two or more witnesses. The process of determining a will’s validity is called probate, which means to prove or testify.

After the death of a testator, an orderly procedure is needed to assist in the proper transfer of property. A probate helps in ensuring that affairs of the deceased are duly settled. It safeguards the deceased’s estate, and also helps in paying all debts and taxes. It enlists the names of people entitled to the property and the type of assets. The probate has information that helps in distributing property according to the wishes of the testator.

In most cases, a personal representative or an executor is responsible for handling and settling the deceased’s estate. His responsibilities include contacting the heirs and creditors concerning probate proceedings. He determines and pays for state, federal and income taxes. If necessary, the executor may have to sell some part of the property in order to pay pending taxes and expenses.

Probate courts handle issues such as name changes and guardianship proceedings. They handle proving the will, appointing an executor, and settling the estate. When a person applies for probate, he is promising the probate court that he will deal with the estate, as set out in the will and according to law. If he doesn’t follow the proceedings of the will, he may have trouble with the court and with the people who should benefit from the will. When there is no will or there are no executors named in the will or the executors have died, the official form is called a letter of administration.

By: Josh Riverside

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There comes a point in every person’s life where it is appropriate and prudent to begin planning for the post death division of property and assets. It is necessary to anticipate and plan for the quagmire that is probate. For many facing the task of planning their estate, the mere idea of paying an estate planning attorney can be painful and many simply choose to forego such a task by using cheap or free online forms. While choosing the easy way out may save you money now, it will cost your estate significantly more in the future. The pitfalls of cheap online wills and trusts writing programs are many.

The premise is simple enough. You want a means of distributing your property after your demise but you do not want to pay more than necessary. The problem is dead serious. On their face, online wills and trust programs appear to be a bargain. You can prepare your own will or create a trust for less than $20.00, a tiny fraction of the cost of a good estate planning attorney. Unfortunately for your family though, the inherent inadequacies of such services are not discovered until after your death. Any remaining heirs will be forced to pick up the remains of your estate and force it through probate, taking substantial amounts of both time and money. The money spent today on a good estate planner will save your estate exponentially more in the future.

Numerous amounts of problems arise when deciding to use online wills and trusts services. Most often these services do not take into account specific state law regarding the administration of probate or trusts. Only an attorney in your state can effectively advise you regarding the various jurisdictional issues that may affect many of your decisions regarding your estate. Many states have varying requirements regarding the number of witnesses that must attest to the creation of a will. Failure to comply with state requirements regarding the order of attestation and witnesses will sometimes lead a court to completely invalidate your will as a means to distribute wealth and property. See, Stevens v. Casdorph, 508 S.E.2d 610 (1998). By refusing to extend the Doctrine of Substantial Compliance, many state courts, like the Casdorph court, have stressed the importance of proper will execution. Online will services do not take into account the varying requirements among states. Only a skilled estate planning attorney can advise you regarding the proper methods to ensure that your will is upheld during probate. Failure to comply with these requirements will force all property through intestacy, which is where the state decides who gets what. Moreover, intestacy is not something that the online services will tell you about. Additionally, the plain meaning rule, which instructs court’s to look only at the plain meaning of words contained in the will, stresses the importance of obtaining professional advice. Using an incorrect word or clause can dramatically alter the effect of the will, invalidating the very purpose of its creation.

Trusts are often used as a tool to avoid the probate system completely, and many online services use this very idea as a marketing tool. There are many kinds of trusts used in estate planning (i.e. revocable, irrevocable, discretionary, spendthrifts, marital, special needs and testamentary trusts, to name a few) and only an experienced attorney has the knowledge and ability to advise you regarding the proper form of trust for your desired purpose. In addition, online services do not address the various issues faced when creating a trust. As trustee, beneficiary or settlor, there are various rights and obligations associated with each party. Violation of any imposed obligation or duty can serve to completely invalidate the trust document itself. In order to properly address your needs, an estate planning attorney considers all relevant factors and will recommend the best option for you.

Online services fail take into account all available means of wealth transfers and do not begin to address all pertinent issues, such as tax impacts, ease of administration, imposed rights and duties and the potential pitfalls. Only a qualified attorney can ensure that your estate does not find itself stuck in the murky and troublesome world of probate and intestacy. Wise planning now could spare your family the unpleasant pain of probate in the future.

By: Nicholas Deleault

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Divorces are so common in society these days that court rooms are just filling with child custody cases. There are several child custody laws that vary from state to state, so for more detailed information it is always a good idea to check your state laws. Number one priority of these laws is naturally to protect the child and try to give him or her the best possible conditions for a happy life. Unfortunately in some cases it seems that the only ones benefiting are the lawyers. Joint custody is always preferred but unfortunately not always possible so knowing a one or two things about this issue might come in handy.

The laws for child custody cases are there to protect the child’s rights, that is always the first priority. They are designed to prevent the custody going to abusers of drugs or alcohol, since that sort of an environment is never suitable for a child to grow in. The other important aspect of these laws is to prevent the child from getting into an environment where there is clear mental or physical abuse.

To understand child custody law it is good to know that there are two kinds of custody in the eyes of the law, physical and legal custody. Physical custody is where the children are residing. For example if the child lives with his or her mother, this means that the mother has the physical custody of the child. Sometimes during the holiday months the child leaves one parent to live with the other. In those situations physical custody moves from one parent to the other. Unlike physical custody, legal custody doesn’t have anything to do with the residence of the child, at least in theory.

Having legal custody gives a parent rights to make or be part of making important decisions concerning the child. These include decisions regarding things like health, education, and general well being issues. In most cases both the physical and legal custody are with the same parent, unless the parents have a joint custody.

Child custody laws can vary significantly between different states, so you definitely want to look up what are the specific laws in your state.

By: Charles Gordon

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Having to go through a divorce can be a very difficult and devastating time for the people who have to experience it, both for men and women. Going through a divorce can be an especially rough and stressful time for a man, during which he will still be expected to do his job well, be a good father to his children, and keep a roof over his head. There is a lot of good advice for men to follow in order to ease the process of divorce.

Getting a good lawyer who is reliable and trustworthy is the first thing to do. Choose a lawyer on recommendation, and if it is possible, try to interview at least three. Communicate with your lawyer and make it clear to them exactly what it is you want them to do and not to do on your behalf because they are going to assume that it will be up to them to do all the mediating and negotiating on your behalf and at your expense.

It is also very important to keep communication going with your wife. This way, you will know what is going on her side and what to expect. It will also restrain you from arguing about something you actually agree on only because your lawyers are fighting over it. Compromise and agree over what each of you want, this way neither of you will have to waste time or money fighting over trivial material matter. You should keep all correspondence between your wife and yourself as difficult as that may be. It would also be very smart to not badmouth your wife, especially if you have children, it may come back to you.

In the midst of all that is occurring, it might be very easy to forget about your health, both mental and physical. There are three more extremely significant pieces of advice men should keep in mind if they are experiencing a divorce. A person can always get through a difficult situation when loving family and friends surround them. Men should lean on these pillars of support because they are the ones who will sit and listen and understand what you are going through and will be willing to help you through it all. You may think that you would rather be alone, but it can be very beneficial; your friends and family will always be there for you. It may also help to pick up a new hobby or sport, because something like that can help you vent steam as well as keep you in shape in case when you might want to start going out or dating again.

All of this advice is meant to help men who are going through a divorce, but it is critical to realize that it will all be over with soon, and that keeping calm and focused during this time will benefit you in the long run.

By: Mark J Thompson

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You can speed up your Rhode Island Divorce by getting together information that you’ll need to get your divorce package completed for filing.

What my clients find the most troublesome is the Certified copy of the Marriage Certificate which they normally must obtain for a cost from Bureau of Vital Statistics for the State in which they were married in or from the local Town Clerk’s Office vital records department in the Town or City they were married in.

If you want to speed up your Rhode Island Divorce you may want to obtain this document in advance if it’s at a location you can’t just hop in your car and drive to get. It may take as much as two (2) to four (4) weeks for some states to process your request for the certified copy of your marriage license and they may wait until your check clears as well.

Costs vary for this request. The most recent client experience I had involved a written request by check and took about two weeks but the client paid a fee to expedite the request and it cost about $43.00. In my humble opinion, that’s a bit pricey for a single sheet of paper reprinted and mailed to you.

Sadly, about one-third of it wasn’t even legible.

One thing to remember when obtaining a certified copy of your marriage certificate for your Rhode Island Divorce. The Marriage Certificate or Certificate of Marriage that you receive from a religious institution is not sufficient to satisfy the requirements of Rhode Island Law when filing your Rhode Island Divorce complaint. It MUST be the Marriage Certificate that ends up being filed with the State in which you were married. This normally contains vital information about your family history such as your parents names, your maiden name, your date of birth, etc…..

You will also want to read my article regarding the checklist for a Rhode Island Divorce. Having things in order and things ready to go is the best way to get things moving quickly and keep them moving.

Let’s face it, a court is just like any other governmental agency, it runs on paperwork. If you have the right paper and you file it at the right time then you’ve mastered half the battle. Yet if you miss a crucial document that is required by the court and you can be sitting their puzzled trying to figure out what is going on.

Unfortunately there is more to a divorce than forms. Divorce relates to laws that involve taxation, equitable distribution, capital gains, premarital property, tax deductions, placement of children, alimony, child support and much more. . . and without knowing the law that goes with the forms . . . . as well as the timing of those forms . . . then you could be spinning your wheels.

Yet in the end, whether you have a lawyer or not it’s important to have your information, especially your certified copy of your Marriage Certificate, and your other vital information ready for any form that’s needed.

By: Christopher Pearsall

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Every parent that has a child or children and splits up from their husband, wife or partner has the same concern and question. These are child custody questions. They want to know and should research what will go on in the battle for child custody. You should try and work out between yourselves a child custody agreement you both can live with. Otherwise the custody battle can get ugly.

The judge when hearing a case about the custody of a child wants to know first and foremost, which parent is really putting the child’s best interests first and doing their best to keep their kids out of the custody fight. The she said this and he said that approach is a sure way to loose favor with the courts as judges hate that . By developing a plan and having a history of putting the child or children first will really go a long way to winning favor in the courts.

Another child custody question is visiting rights for the parent that does not have custody. These rights are determined by the courts. The schedules for visitation can vary a great deal depending on the circumstances. A typical schedule could be anything depending on the work hours of the parents. It could be every other weekend, 4 weeks in the summer, every weekend etc. Having both parents in the lives of the children is always in the best interest of those children. Unless of course there was some kind of abuse going on.

In the case of parent who commits violence visitation may be allowed, but only if the judge believes that certain measures can be taken to make sure the child is going to be safe. This may consist of visits that are supervised.

When you have child custody questions it is always a good idea to consult a lawyer. The lawyer has taken an oath to take you, his/her clients interests , and promote them. This is even if it effects the interests of others. Before seeking the services of a lawyer, there is something you can do. Do research on your own. This will give Ideas and have you better prepared for the long road ahead. I am all for joint custody unless it puts the child in danger from one of the parents. One parent being absent from a child’s life sets up this situation. The parent with custody is left to do all the work raising the child and disciplining them. The parent who does not see their child or children that much is usually seen as the “fun one.”

By: William Rigby

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