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Posts Tagged ‘Administration’

Q&A: Was the Bush Administration Actions “repugnant to the Constitution “?

Boise Attorneys
by Village Square

Question by Humanist: Was the Bush Administration Actions “repugnant to the Constitution “?
A direct quote from Federal Judge Milan D. Smith Jr.

BOISE, Idaho – A federal appeals court has ruled that former Attorney General John Ashcroft can be sued by people who claim they were wrongfully detained as material witnesses after 9/11, and called the government practice “repugnant to the Constitution.”

A three-judge panel of the 9th U.S. Circuit of Appeals ruled Friday that the claims of a former University of Idaho student plausibly suggest Ashcroft purposely used the material witness statute to detain suspects whom he wished to investigate and detain preventively.

“We find this to be repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history,” Judge Milan D. Smith Jr. wrote.

The ruling allows Abdullah al-Kidd, a U.S. citizen, to proceed with a lawsuit that claims his constitutional rights were violated when he was detained in 2003 as a material witness in a federal terrorism case.

Phone messages left at Ashcroft’s Washington D.C. lobbying and law firms were not returned Friday.

Ashcroft had asked that the matter be dismissed, saying he was entitled to absolute immunity from the lawsuit because his position at the Department of Justice was prosecutorial.

Best answer:

Answer by Nancy
According to former prezident bush, the Constitution was nothing but a G-D damned piece of paper.

Know better? Leave your own answer in the comments!

10 comments - What do you think?  Posted by - December 22, 2010 at 8:15 pm

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“I’m a lawyer with references from The Bush Administration.” You want that on your resume?

Question by 12-25 Never Forget: “I’m a lawyer with references from The Bush Administration.” You want that on your resume?
At the end of The Firm, Mitch says “Yeah, I’m still a lawyer with references from Bandini, Lambert, & Locke. You want to put that on your resume?”

Are Bush ex-officials saying something similar now?

“Only 25% to 30% of ex-Bush officials seeking full-time jobs have succeeded…”
http://online.wsj.com/article/SB123518630430139343.html

“2008 White House Office Staff List – Salary ”
http://www.washingtonpost.com/wp-srv/opinions/graphics/2008stafflistsalary.html

“The Firm – Ending”
http://www.youtube.com/watch?v=EH2P5DtpgM8

Best answer:

Answer by Cookie Monster
Troll. You are almost as bad as Edna

Know better? Leave your own answer in the comments!

6 comments - What do you think?  Posted by - November 28, 2010 at 6:16 am

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Toronto Probate Lawyer | Estate Administration (Part 11): Dying with a Will

Toronto Probate Lawyer | Estate Administration (Part 11): Dying with a Will

Was the deceased a minor at the date of the Will?
A Will is only valid if the person who made it was at least 18 years old at the time of making it (or 21 years old if the Will was made before September 1, 1971).  There are a few exceptions to this age requirements:

The testator / testatrix was married before the Will was executed: section 8(1)(a) of the Succession Law Reform Act;
Where the testator / testatrix is married after the Will was executed, the Will becomes valid on the date of the marriage if the Will states that it was made in contemplation of marriage to that spouse: section 8(1)(b) of the Succession Law Reform Act;
Where the testator / testatrix is a member of the regular force of the Canadian military or is on active service under the National Defence Act: section 8(1)(c) of the Succession Law Reform Act; or
Where the testator / testatrix is a sailor at sea or in the course of a voyage: section 8(1)(d) of the Succession Law Reform Act.

If the testator / testatrix was not 18 at the time of making the Will (or 21 in case the Will was dated earlier than September 1, 1971), the registrar will ask for a schedule to the Application that contains an explanation.  The application and schedule with explanation are then provided to a judge for a determination by endorsement.  If the judge says it’s OK, then the Application for a Certificate of Appointment of Estate Trustee is not in peril of being denied.

Did the deceased marry after the date of the Will?
Generally, when you get married, a previous Will which you made will be automatically REVOKED! There are a few exceptions.  First, if the Will contains a declaration that it was made in contemplation of the marriage, then it will not get revoked.  Second, the Will will not be revoked where the testator / testatrix’s spouse elects to take under the Will by an instrument in writing signed by the spouse and filed within 1 year after the testator / testatrix’s death in the office of the Estate Registrar for Ontario.  In this situation, the registrar will look for proof that the election was signed and filed by the spouse within the appropriate time period.  If the deceased married after the date of the Will, the registrar will ask for a schedule to the Application that contains an explanation.  The application and schedule with explanation are then provided to a judge for a determination by endorsement.  If the judge says it’s OK, then the Application for a Certificate of Appointment of Estate Trustee is not in peril of being denied.

Dynamic Lawyers allows users to freely, anonymously and easily post their legal questions online and get quick and multiple e-mail responses and quotes from Toronto lawyers.  Since launching in Toronto in November 2008, Dynamic Lawyers has been featured in various local and national media such as The Globe and Mail, The Toronto Star, the Toronto Business Times, 24 Hours, The Toronto Sun, and CFRB1010 Radio and legal trade publications (which can be viewed or listened to here).If you need a lawyer or any legal form,check:http:/www.dynamiclawyers.com

 

 

 

 

 

Article from articlesbase.com

Be the first to comment - What do you think?  Posted by - November 5, 2010 at 4:12 am

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Toronto Probate Lawyer | Estate Administration (Part 9): Dying with a Will

Toronto Probate Lawyer | Estate Administration (Part 9): Dying with a Will

Review Documentation
Next, the registrar reviews all the documentation (which I’ve previously talked about in my last 2 articles) which are or may be required in the circumstances.  Some documents are originals (e.g. Will, affidavits, etc.), while others come in duplicate or triplicate (e.g. affidavits, orders, certificates, etc).  The registrar will check to ensure that:

affidavits have been sworn / affirmed and signed and dated;
review marital status of deceased;
ensure that the original Will is included in the application;
check to see whether there have been any alterations to the Will and whether these have been attested to via affidavit.  If so, confirm that the person applying for the Certificate of Appointment of Estate Trustee is the person applying;
see if the Will names the applicant as estate trustee (if not, then consents are required, as discussed in my previous blog);
if a bond is required, ensure that a bond is posed in an amount sufficient to cover the value of the assets, or review the affidavit in support of a request to dispense with bond (together with the draft order);
ensure that the amount of estate administration tax is paid.  It may be paid on an ESTIMATED ASSET VALUE (through an affidavit), in which case the trustee will need to give an undertaking to update the court in 6 months time and pay any further estate administration tax owing.

If there are problems, then the applicant will be notified.  If the registrar is in doubt, then he or she may send the file to a judge for a determination.

If all of these things are OK, the registrar will submit the application for clearance to the Estate Registrar for Ontario to ensure that certain documents haven’t already been filed with a Court (e.g. application for certificate of appointment of estate trustee, notice of objection, wills or codicils with a later date, request for notice of commencement of proceedings, etc.).  If the search is “CLEAR”, then the registrar will issue, date, sign and seal the Certificate of Appointment of Estate Trustee With a Will.

In the next few articles, I’ll deal with some nuances of particular situations that may arise in the context of getting the above Certificate.

By the way, if you need a Will and want to leave everything to your surviving spouse, you’ve come to the right place:

Last Will and Testament (Ontario): Outright Distribution to Spouse

This legal form can be used by a Testator or Testatrix (i.e. a person who is making a Will) to appoint an Estate Trustee to manage their final wishes, transfer the residue of their estate (i.e. their leftover assets after debts have been paid off) to their surviving spouse, and appoint a guardian / custodian for their minor children. This Last Will and Testament also comes with affidavits for witnesses to swear / affirm (great for probate!). Best of all, this Last Will and Testament comes with a FREE VIDEO GUIDE (watch a useful example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that offers valuable insight into how contracts can be challenged) What are you waiting for? Go to Dynamic Lawyers. And if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

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<embed type=”application/x-shockwave-flash” width=”393″ height=”316″ src=”http://www.youtube.com/v/xaTQ4dN0fOU&hl=en_US&fs=1&” allowscriptaccess=”always” allowfullscreen=”true”></embed>
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This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

Article from articlesbase.com

Be the first to comment - What do you think?  Posted by - October 25, 2010 at 7:13 pm

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Toronto Probate Lawyer | Estate Administration (Part 10): Dying with a Will

Toronto Probate Lawyer | Estate Administration (Part 10): Dying with a Will

Please note that the information provided herein is not leal advice gand is provided for informational and educational purposes only. It may not be up to date. Laws change often and without notice. If you need legal advice with respect to Wills and Estates matters, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. You can also contact me directly.

This is the tenth of a series of MANY blog posts about Estate Administration in Ontario. Be sure to check them all out! Here, I’ll continue my discussion of what the registrar will do when reviewing an Application for a Certificate of Appointment of Estate Trustee with a Will.  Specifically, I’ll discuss some things that the registrar will look for in the documentation you provide.  By knowing these things in advance, you can avoid wasting more time and money in getting the Certificate of Appointment of Estate Trustee with a Will.

Have the Beneficiaries received notice?
As previously discussed, you’ll need to provide the registrar with an Affidavit of Service that shows that you have served Notice of an Application of Certificate of Appointment of Estate Trustee with a Will.  This basically means that you have served (by regular letter mail) the notice on those beneficiaries who are entitled to receive it.  Now, a beneficiary named in the Will is NOT entitled to notice if they are dead, received the gift before the testator / testatrix died, or the gift no longer exists. Finally, if a beneficiary named in the Will or is part of a class of people entitled to share in a gift given under a Will cannot be located, the name of the beneficiary (or potential beneficiary) must be provided to the Registrar, together with an Affidavit that explains attempts made and reasons why notice has not been served.

Applicant is Not Named in the Will
If the Applicant (i.e. the person wishing to be the Estate Trustee) is not named in the Will, then a bond is generally required.  I’ve previously discussed bonds, sureties, and dispensing with bonds.  Dispensing with the requirement to post a bond will require, for example, an affidavit of the Applicant in support of that request, together with consents from beneficiaries and a draft order.

Applicant is Not Resident in Canada or a Commonwealth Country
Again, if the Applicant is not a resident in Canada or a Commonwealth country, then a bond is generally required.  I’ve previously discussed bonds, sureties, and dispensing with bonds.  Dispensing with the requirement to post a bond will require, for example, an affidavit of the Applicant in support of that request, together with consents from beneficiaries and a draft order.

Renunciations Signed?
Renunciations are required to be signed by estate trustees who are named in the Will and entitled to apply.  The registrar will check to see if the renunciation has been signed by each estate trustee named in the will and who has not jointed in the application.

In the next article, I’ll discuss some of the questions which the Registrar will review in deciding whether to issue a Certificate of Appointment of Estate Trustee with a Will.

By the way, if you need a Will and want to leave everything to your surviving spouse, you’ve come to the right place:

Last Will and Testament (Ontario): Outright Distribution to Spouse

This legal form can be used by a Testator or Testatrix (i.e. a person who is making a Will) to appoint an Estate Trustee to manage their final wishes, transfer the residue of their estate (i.e. their leftover assets after debts have been paid off) to their surviving spouse, and appoint a guardian / custodian for their minor children. This Last Will and Testament also comes with affidavits for witnesses to swear / affirm (great for probate!). Best of all, this Last Will and Testament comes with a FREE VIDEO GUIDE (watch a useful example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that offers valuable insight into how contracts can be challenged) What are you waiting for? Go to Dynamic Lawyers. And if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

<object classid=”clsid:d27cdb6e-ae6d-11cf-96b8-444553540000″ width=”393″ height=”316″ codebase=”http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0″>
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</object>

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

Michael Carabash is a GTA business lawyer and the founder/President of Dynamic Lawyers.  Michael practices business law and litigation at Carabash Law and helps clients understand, draft, negotiate and resolve disputes over business agreements. Michael can be reached here.

Dynamic Lawyers allows users to freely, anonymously and easily post their legal questions online and get quick and multiple e-mail responses and quotes from Toronto lawyers.  Since launching in Toronto in November 2008, Dynamic Lawyers has been featured in various local and national media such as The Globe and Mail, The Toronto Star, the Toronto Business Times, 24 Hours, The Toronto Sun, and CFRB1010 Radio and legal trade publications (which can be viewed or listened to here).

Article from articlesbase.com

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Be the first to comment - What do you think?  Posted by - at 12:45 am

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Florida Probate Administration: Do You Need To Hire A Florida Probate Lawyer?

Florida Probate Administration: Do You Need To Hire A Florida Probate Lawyer?

As per Florida probate law almost in all cases a Florida Probate Administration attorney has to involve in estate administration. If you have to go through probate in Florida then its better to hire a Florida probate attorney. But everybody doesn’t know when a probate attorney is required.

o you know what Florida Probate is?

Probate is a process to establish the deceased’s assets, taxes, Loans, debts, expenses and other claims and after the payment to the creditors, distribution of remaining assets to the heirs. According to the Florida probate law, the whole process is court supervised and can be summary administration (where a lawyer is optional) or can be formal administration (where a lawyer is required).

Formal administration: In Florida, Formal administration always requires a probate lawyer who is very much familiar with Florida probate law. In formal administration all parties represented by legal counsel and it is a formal probate process in special probate court. In probate administration, formal administration process comes due to two reasons.

I: If the deceased has assets and property which is more than $ 75000 and he or she has expired within the past two years.

II: If the deceased had a request in his or her will for formal administration.

Summery Administration: Summery administration is a brief procedure of probate. And it requires you to provide original documents and complete forms. This process will qualify if.

I: The assets and property is less than $ 75000 and all due amount is paid.

II: And if the decedent has expired more than 2 years ago.

Though your case is qualifying for summery administration, but you can choose formal administration as Florida probate law allows and if you choose formal administration then you need hire a florid probate lawyer or you can consult with a probate attorney that as per your situation which one is the best option for you, Formal Administration or Summary Administration.

Do not do the same mistake as many people do it by handling their probate themselves. How ever it is not a good decision that without any professionals helps handling a probate, as it’s quite complicated. If you think that to manage your probate you don’t need to hire an attorney then it will be a bigger misstate and your property can go in the wrong hand. May be you are too busy with your family; with your work, the child’s education and so many other responsibilities. And it is very difficult for you to make better planning for your property and assets. But it is very important to invest time in property planning if you want to write your will, so that your assets and property will remain with your loveable one after your death.

One more thing is that people thinks that living trust can solve their problem. Yes, living trust can save you from the complexity. It just a way to avoid the complicated probate process but then you need to follow certain Florida probate laws even in case of a living trust. So avoid hiring a Florida probate attorney is quite impossible if you don’t want any legal issue.

Daniel Smith is an renowned author known for his writings on topic like Florida Probate Administration.

Article from articlesbase.com

Probate Lawyers and Estate Planning Attorneys serving Broward County, Miami, Aventura, and Orlando, Florida. www.greenspoonmarder.com
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Be the first to comment - What do you think?  Posted by - October 3, 2010 at 9:18 pm

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