All posts by Sandra Langel

What happens when an estate goes into probate?

Probate is the legal process of transferring property after one passes. The purpose of which is to collect the property of the deceased, pay certain debts from the estate, and distribute the property as requested when he or she formalized their intentions as to the transfer of their property at the time of their death through a will or trust.

In addition to deciding how assets are distributed, the deceased also usually names a person to be the executor. He or she is given the power to take over the management of affairs upon death.  If the decedent fails to do so, then the court will appoint someone to be a personal representative, or administrator, in order to settle the estate. Most often, this either is the surviving spouse or an adult child of the dearly departed.

The executor-to-be will need to file a Petition for Probate of Will and Appointment of Executor. This is done at the probate court clerk’s office. This can be done with or without the assistance of an attorney familiar with probate law. Probate court is a division of the state court system. However, it might be referred to by another name. Bear in mind that the executor will need to show the court a certified copy of the death certificate. Therefore, it is a good idea to order around 10 copies.

Once the death certificate is filed, the court will schedule a hearing that is designed to give interested parties a chance to object to your appointment as executor. Therefore, before the hearing, you will have to send formal legal notice to all of the beneficiaries named in the will and to any heirs under state law. Those are the people who inherit if there is no valid will. You are also required to send notices to any creditors that you know about, and publish a legal notice in a local newspaper. In most cases, the hearing is a formality and you may not even need to show up.

If your loved one left a will, the next step is to prove that it is valid. To do so, all you need is the statement from one or more of the witnesses. It can be delivered as a notarized statement, which is called a self-proving affidavit. This is signed by all witnesses when they saw the will. It can also be a sworn statement signed by a witness now, or the court testimony from a witness.

Probate cases must stay open for several months in order to give creditors a chance to come forward. During that time, the executor can open an account in the name of the estate in order to pay these bills and you cannot give beneficiaries their inheritances until you are sure the estate has enough assets to pay debts and taxes.

When the creditor’s claim period has passed, and you have paid debts, filed all necessary tax returns, and settled any disputes, you are then ready to distribute the remaining property to the beneficiaries and close the estate. An estate lawyer can help with any and all of these steps and so you do not have to go it alone, especially if there is any contention.

When to have cataract surgery

A cataract is defined as the clouding of the eye’s natural lens that lies behind both the iris and the pupil. They are the most common cause of vision loss in people over age 40 and cataracts are the principal cause of blindness all over the world. In fact, according to Prevent Blindness America, there are more cases of cataracts in the world than there are of glaucoma, macular degeneration, and diabetic retinopathy combined.

Cataract surgery is extremely successful in restoring vision and it is the most frequently performed surgery in the country. In fact, more than 3 million Americans undergo this procedure each year and nine out of 10 people who have cataract treatment regain excellent vision that is somewhere between 20/20 and 20/40.

However, when you begin to have symptoms, you may be able to improve your vision for a while by getting new glasses, including strong bifocals. You can also try magnification, appropriate lighting or other visual aids. You should begin to think about surgery when your cataracts have progressed enough to seriously impair your vision and affect your daily life.

Many people consider poor vision an inevitable fact of aging and cataracts are considered a normal part of the aging process. However, cataract surgery is a simple and relatively painless procedure that is used to regain vision. Therefore, patients should not be alarmed if they are told that they are developing cataracts because as people get older, the natural clear lens inside the eye tends to become progressively harder, darker, and cloudier. The result is referred to as a cataract. Cataracts tend to develop at different rates for different people. In addition, it is not uncommon for cataracts to develop at different times in the two eyes of the same person as it typically takes many years for the lens to become cloudy enough to impact one’s vision.

Moreover, there are many different types of cataracts that you can get. It depends on what area of the lens becomes cloudy. However, the typical cataract that is related to normal aging generally results in a uniform cloudiness that has a denser central core. It is often referred to as Nuclear Sclerosis. Other varieties of cataracts grow more quickly, are relatively uncommon, and often result from certain conditions other than typical aging. This includes Keratoconus treatment.

Additionally, a cataract should not be removed simply because it is present and if there are cataracts present in both eyes that require surgery, they are usually performed several weeks apart. This is due to the fact that cataract surgery on both eyes at the same time is not recommended because there is a possibility of complications, the most worrisome of which is an infection.

Your eye doctor is the only one who can diagnose and treat any problems you may be suffering from. In order to make an informed decision, it is best to discuss your options at your next appointment. This way you are sure that the benefits outweigh the risks.

How to use a seamless gutter machine

Many homeowners prefer the look of gutters made with a seamless gutter machine because they require fewer hangers, connectors and other hardware pieces. In addition, this style of gutter has fewer seams and screw holes in it, so there is less opportunity for leaks and breaks. This is because seamless gutters are made out of a single piece of flat, metal stock that comes in different colors.

The first step in using a gutter machine is to choose the appropriate color for your home. Next, measure your house so that you know what length of gutter is needed and place the stock material onto the coil holder. Then program the machine according to the size and type of gutters desired and feed the metal into the machine. It should quickly and easily form the stock into the requested gutter shapes and sizes. While the machine is in use, it is best to use extreme care because gutter machines have large cutters that in order to cut the gutter to size.

Be sure to clean the machines as well as the work area surrounding them as you produce the gutters. In addition, bear in mind that these machines need to be serviced and refurbished from time to time. This includes cleaning the rollers, adjusting the hem box, realigning rollers and tightening chains.
Bear in mind that installing gutters and using a gutter machine is not generally a do-it-yourself project as many things can go wrong. Therefore, in order to avoid getting hurt, bending the gutters, or having them have the wrong pitch, amongst other novice problems that can happen, this is one job that is better left to the professionals.

However, if you insist on doing it yourself, you must be sure that you have selected the proper material and size for the climate that you live in. If you live in an area that gets a lot of rain, then you need bigger gutters. Also, look at the different styles and price out the materials, as well. Then, you also have to keep in mind that gutters have a slight pitch in order to allow water to flow towards the downspouts. It is usually only one to two inches of decline for every forty feet of length. It is both gradual and not noticeable. However, it does help to sweep away debris and keeps your gutters clean. It also enables water to flow to the downspouts without overwhelming them or backing up the system. As you install your gutters, be sure to use a level in order to make sure they are at the proper pitch.

Also be sure that your hanging system is placed approximately three feet apart, or your gutters will sag, causing water to collect and the entire system to eventually collapse. You also need to be sure that your gutters are placed a few inches under the roof and not directly on the edge for best results. You can also consider installing a drip edge.