Saturday, November 28, 2009

Wills in Maryland

In Maryland, if you are 18 years old or older and legally competent you can divide your estate and select an executor through a will. The will must have the following formalities:

(1) It must be in writing;

(2) It must be signed by the testator, or by some other person for him, in his presence and by his express direction; and

(3) It must be attested and signed by two or more credible witnesses in the presence of the testator.

If you already have a will when you move to Maryland, you may not have to pay a Maryland attorney to draft another will if:

(1) the will is in writing

and

(2) one of the following applies:

(a) the will is executed in accordance with the above list;

(b) the will is executed in accordance with the law of the domicile
of the testator; or

(c) the will is executed in accordance with the laws of the place of execution.


Nevertheless, when a person moves into the state with a will or if she just wants to make modifications to the current document, she must do so in accordance with the law. Additionally, for births, deaths, divorces, or other major life events, you should review your will and seek the advice of an attorney.

This review is essential after an absolute divorce. Upon termination of the marriage, all provisions in the will relating to the former spouse will be revoked unless specified in the will or divorce decree. As a result, the testator has to decide who will receive those items previously designated for the former spouse.

Friday, November 20, 2009

Starting Your Pro Bono Search in Georgia

If you live in Georgia and cannot afford an attorney, you may want to start your search with the Pro Bono Directory provided by the American Bar Association.

http://www.abanet.org/legalservices/probono/directory/georgia.html

Insurance Claims When Multiple Passengers Sue Driver

RECENT AVVO QUESTION

I was in a car accident while I was driving a friends car. She wants several thousand dollars from me. Can she sue me?
Carrollton, GA Viewed 15 times.

My friend says I owe her several thousand dollars for her car since her insurance did not pay all she owed. She was upside down in her car. I had insurance, which also paid for the doctor bill's for another friend that was with me. Will my insurance pay her anything? Can I be sued for this? Answer this question Add to list


MY ANSWER

You just need to contact your insurance company about this new claim. It has already investigated in the matter. So, the company will determine if your other friend has a claim and the value of that claim.

As with all insurance policies, you have a policy limit (per occurrence). Therefore, you may have reached that limit with the first claim. However, that is something your insurance company will tell you. If the second claimant is unsatisfied with the settlement value offered by your insurance company, he can sue. The insurance company normally provides its insureds with attorneys to defend lawsuits. The insurers do this because the company has exposure if there is a judgment against the driver.

Monday, November 16, 2009

Maryland Divorce Law

Frequently, Maryland family law questionaires on Avvo and Law Guru want a quick end to their dead marriages. Unfortunately, Maryland still has antiquated divorce statutes that prohibit husbands and wives from formally and permanently departing ways unless their is some abuse or adultery. Otherwise, if they agree to live apart, they will be able to file for divorce after 12 months. If one spouse wants to save the marriage or wants to be vindicitve, the unhappy spouse has to wait two years before divorce proceeds can commence.

Interesting, Georgians are allowed to permanently depart ways quickly through the irreconcilable difference provision. More specifically under OCGA 9-5-3(13) a person can file for divorce when the marriage is irretrievably broken.

It's probably about time that Maryland catch with Georgia and come into the 21st century.

Tuesday, November 3, 2009

Can a father lose visition rights? - Family - Avvo.com

As the below question shows, when you're dealing with a noncustodial parent who fails to exercise his scheduled visitation rights, the custodial parent should keep a log of the missed visits and follow-up with "where are you" calls. Also, if you mail a letter to the parent and it is returned, keep it unopened in a safe place. All this evidence may be needed in a future custody dispute.

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Can a father loose visition rights? - Family - Avvo.com