No-fault proceeding – A civil proceeding in which the parties can resolve their dispute without a formal determination of an error or error. Minutes – All documents, evidence and minutes of the hearing in a case. Court Rules – Rules of procedure issued by a court governing the judicial process. The rules of the Court often govern the format and style of documents submitted to the court. A power of attorney is a document that allows you to appoint someone to make decisions on your behalf. This appointment may take effect immediately if you are unable to make these decisions yourself. For example, if you become mentally incapable or leave the country for a while, you won`t be able to make these important decisions for yourself. After a person`s death, their assets are accumulated, business affairs settled, debts paid, necessary tax returns filed, and assets distributed as directed by the deceased (commonly referred to as the “deceased”). These activities are usually conducted on behalf of the deceased by a person acting in trust, either as executor (called a personal representative in some states) or as trustee, depending on how the deceased held their property.

It is your mental state at the time you made your will that is legally relevant. If you have a mental disorder, it is important that your will be accompanied by proof (e.g. from a doctor) that you were mentally competent when you wrote your will. Otherwise, your will may be subject to dispute. Comfort letter – A legal document issued by a court showing a director`s legal right to take control of assets on behalf of the deceased. Used when the deceased died without a will. Conditions of release – the conditions under which an arrested person is released pending trial. Successive sentences – Consecutive custodial sentences, one beginning at the expiration of the other, imposed on a person convicted of two or more crimes. You don`t need to have your will in an established format. However, it is important that the will contains the following: it is possible to draw up a will yourself or you can hire a lawyer to help you. For a will to be legally valid, the following rules apply: Negligence – failure to exercise the care that a reasonable person would exercise in the same circumstances.

Application – An oral or written request made by a party to an application before, during or after a trial in which a court makes a decision or order. The only legal requirements to be an agent are that the person be of sound mind and at least eighteen years old. Your agent should be someone you trust. Your agent is required by law to act in your best interests, keep records of transactions, not mix your property with theirs and not enter into a conflict of interest. However, an agent still has the potential to act illegally, so it`s important to trust the person you choose. As it is long and often difficult to be a fiduciary, it is appropriate to get paid for your services. The will or trust can determine the compensation to which you are entitled. If the document fails to do so, many states offer a fixed fee schedule or allow “reasonable” compensation, which typically takes into account the size of the estate, complexity, and time spent by the trustee. The executor or trustee`s fees are taxable remuneration for you.

Many states don`t allow you to pay your own compensation without a court order, so ask your attorney before writing a check. Many trustees in the same family as the deceased quickly waive fees. Before you do, however, consult with the estate lawyer and make sure you understand the full scope of your obligations and all the implications of a waiver. Probate – A court-supervised process in which a will is determined as the final statement by the author of the will about how the will wishes to distribute its assets. It also confirms the appointment of the personal representative of the estate. Succession also refers to the process by which assets are recovered; pay debts, taxes and administrative costs; and persons named as beneficiaries in the will. Joint and several liability – A legal doctrine that holds each party liable for a breach for any damages awarded in a lawsuit if the other liable parties are unable to pay. Rejection – The voluntary act of a judge to withdraw from the chair in a particular case because of self-interest, bias, conflict or prejudice. Also the procedure by which a judge is challenged from a case because a party opposes it.