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What is Probate Litigation?

What is Probate Litigation?

Litigation is the process of taking legal action to fight or defend the legal rights of two opposing parties. According to a litigation article from the website of Arenson Law Group, PC, common issues that result into litigation involve breach of contract and of fiduciary duty, business and employment torts, debt collection, franchise controversies, fraud and misinterpretation, non-compete agreements, and real estate broker commissions.
But litigation can also involve the deceased and his or her assets. This is called probate litigation. In this kind of litigation, the court identifies the assets of the deceased, makes decisions in relation to taxes and other incidental costs, and distributes these assets to their respective legal heirs, as stated in the will.
A probate litigation is basically about challenging the provisions of the last will and testament. The personal representative, or the bank or trust that has been appointed by the court to administer the assets, can also be challenged.
Below are some of the most common reasons why a probate litigation occurs:

  • Challenging the wording and overall construction of the will and testament
  • Challenging the validity of the will
  • Debating whether a guardian is to be appointed or not to an individual who has not executed a power of attorney
  • Determining the personal representative
  • Having different opinions in terms of conservatorship and guardianship
  • Taking legal action against a fiduciary for failing to fulfill his or her legal duties
  • Terminating a trust because of its impracticality

These issues can be very complicated, so it is advisable to get the legal help of professionals who specialize on these issues, like the Chicago probate litigation lawyers of Peck Ritchey, LLC.
Proper probate litigation avoids further disputes among family members, ensures that the assets and wealth are secured and every heir get the appropriate benefits, and resolves possible issues such as tax liabilities.

Negative Psychological Effects of Divorce on Women

Divorce can be an emotionally stressful experience, especially if the parties involved will part ways because of negative feelings and disagreements. The process of getting a divorce is already complicated in itself, but the real complication occurs after the divorce has been successful. It changes the lives of the couples, dividing their assets and liabilities, and agreeing on child custody, child support, and spousal support.

This can have positive psychological effects, such as feelings of freedom and relief, but it cannot be denied that this can also have negative psychological effects, especially on divorce cases that have occurred out of negativity.

Anger
One of the most common responses to divorce is anger. Maybe your spouse has hurt you or your children. Maybe he has failed to commit to responsibilities. Whatever the reason is, you are angry, and this may lead to other psychological problems, such as increased irritability and increased vulnerability to stress.

Anxiety
You just got a divorce, your children don’t get to be with both parents, and your financial status may have been affected. All these dramatic changes in your life can give you anxiety, because the future has never been this uncertain. This is especially true on mothers who have sacrificed their career for familial duties.

Depression
The failed relationship, broken home, uncertainty of the future, and other aspects of divorce may cause depression on the parties involved, particularly women. These may also cause feelings of low self-worth and confidence, affecting not just your personal life, but possibly also your employment opportunities and general enjoyment.

Guilt
Guilt is a common response to divorce, especially to those who have initiated the divorce. They may feel guilty and blame themselves for the broken family they have created and its negative effects on the children involved. Many divorce cases are initiated by women, so they are more vulnerable to this psychological issue.

Tips For Managing A Salon Business

Running a salon business is no joke. You will be dealing with a variety of customers that will test your patience and management skills. As a salon owner, customer service should be your utmost priority. Excellent service should not only start with you but also go all the way down to your staff. Here are some tips on successfully managing a salon business.

Maintain The Cleanliness and Safety Of Your Salon

Just like Houston hair stylists at Therapy Hair Studio, you should keep your salon clean and safe for your customers. Ensure that there are comfortable couches and furniture in the waiting area. The most important thing is to keep your customers comfortable while they wait for their turn.

Ensure Convenience

Convenience can best be seen when you offer more than just one service. For example, aside from being a beauty salon, you can also offer nail or spa services. This way, your customers will not go somewhere else if they want other service other than hair services.

Educate Yourself

Just because you are managing a business does not mean you will stop expanding your horizon. There are many beauty schools that offer a wide range of programs related to salon management. By continuously learning, you will be able to effectively run your salon. You can also encourage your staff to get some education and expand their skills as well.

Communicate

Communication can make a huge difference in succeeding with your salon business. This way, you will know the concerns of your staff and effectively address it. You can also open communication with your customers in order to better serve them.

The success of your salon business lies on your effectiveness as a manager. With these tips, you can look forward to long years of serving your customers.

Warning For Selling Mineral Rights

Planning to sell your mineral rights? Before you do so, it is best to think long and hard. While you can make money from doing so, in the long run you can also get some value from your minerals. Ownership of these rights will vary from one state to another and may be linked to the real estate it is located. So before you sell mineral rights, consider these warnings:

Future Value

Once you sell your mineral rights, you are also risking the potential future value of the minerals. You also lose future benefits such as exploration, excavation, or extraction of the minerals. The future value could be higher than the upfront sales value. So rather than sell your rights, consider leasing the minerals. When somebody leases, you get a bonus.

Estate Planning

Whether or not the mineral is producing or not, mineral rights can be passed from one generation to another. You can divide it among your heirs and they will benefit from future mineral production.

Property Damage

If you sell your mineral rights, it is possible to retain your property. But then again, you might not be able to use the grounds where the minerals are for your own. If you want to use the piece of land that you still legally own, you will have to ask the owner of your mineral rights to grant you an easement.

Cash Opportunity

Whenever you need cash, just extract some minerals and sell it. There might be different industries who will become interested with your minerals and pay you a huge amount of cash.

These are just some of the reasons you should think twice in selling your mineral rights. Look at the pros and cons of selling and retaining your rights and weigh them carefully. When you do decide, make sure that you won’t regret it in the future.

What You Need To Know About Cruise Ship Accidents ...

A vacation on a cruise ship is something that every person dreams of. The view of the sea and going to exotic places is something that the tourist will always cherish. People prefer traveling on ships because they are more convenient and less expensive than airplanes. However, accidents and injuries do happen even in cruise ships.

As cruise ship injuries are handled in a different manner than other accidents, you would need the help of a cruise ship injury attorney. Most vessels serving US customers are not registered in the United States but in other countries such as Panama or the Bahamas. Cruise ships are part of the so-called common carriers which transports goods or passengers on regular routes at set rates. For this reason, common carriers set the highest standard of care to safely transport passengers to their destination.

There is a huge difference between accidents in common carriers and an accident with strict liability. With the former, negligence or intent on behalf of the carrier should be proven. On the other hand, the latter does not require proof of fault. Cruise ship accidents are covered by maritime laws. This means that carriers will only bear liability for any accident if it can be proven that the operator had knowledge or should have known about the unsafe condition.

Whether the operator will be held liable for any accident and where cases can be filed can be found on the back of the ticket. Once you purchase the ticket and board the ship, you become legally bound by the terms of the ticket. The ticket usually contains a limited liability waiver, forum-selection clause, and a notice-requirement clause.
The forum selection clause is where information about filing lawsuits is indicated. Notice-requirement clause, on the other hand, shows the time limit for filing a case. In maritime laws, the statute of limitation is usually three years but the notice requirement clause can shorten it to 12 months for physical injuries and shorter for non-physical injuries.

When a passenger of a cruise ship gets injured due to the negligence of a crew member even if a “reasonably careful ship operator” could not have foreseen the action of the employee, most courts will hold the operator liable. The same rule applies to crew and passengers in a port of call. The only exception is the doctor and other health providers who were classified as independent contractors.

Causes and Types of Spinal Cord Injuries

The spinal cord is one of the most important organs in the body. It is responsible for carrying impulses to and from the brain to the other parts of the body. It is a bundle of nerves that is contained in a ring of bones called vertebrae. It makes up the spinal column or back bone. Spinal cord injury happens when there is direct trauma to the nerves themselves or indirect damage to the bones and soft tissues and vessels around the spinal cord.

There are many factors that can cause spinal cord injuries. According to the website of Hach & Rose, spinal cord injuries can result from falls in a construction site accident. It is also caused by diseases like polio or spina bifida. It may also be caused by motor vehicle accidents, sports injuries, industrial accidents, shooting, and physical assault.

There are two types of spinal cord injuries. Complete spinal cord injury happens when the spinal cord is fully severed thus removing any function. The good news is that treatment and physical therapy may help regain some functions. On the other hand, incomplete spinal cord injuries happen when the spinal cord is partially severed thus allowing the individual to still retain some functions.

Providence personal injury lawyers of the Law Offices of Ronald J. Resmini, Ltd., will tell individuals who have spinal cord injuries that recovery from such can be difficult. Some may recover within months while others may require several years of therapy but still make little progress. Everything will all depend on the type of injury, the treatment, and your commitment to work for your own recovery.

When it comes to spinal cord injuries, a Philadelphia spinal cord injury lawyer will tell you that it can have a comprehensive impact on your life. Accepting the full scope of the impact that the injury can have on your life can be a difficult process. For this reason, you can hold the person responsible for your injury liable for what they have done.