The probate of an estate occurs when someone dies and their assets are distributed according to a will or according to certain default laws if the person dies without a will (called intestate). The other purpose of probate is to make sure all creditors claims against the deceased person are properly resolved. Additionally, the probate case gives others the possibility to petition the court to distribute all or part of the estate to them if they can prove certain elements under the law.
Recently a new series of laws went into effect in Massachusetts called the Uniform Probate Code. These laws drastically updated and overhauled the States existing probate laws. Here is a link to the Trail Courts' website with some great information about probating an estate and other helpful information. Since the laws are relatively new to Massachusetts, courts have not rendered decisions interpreting many important aspect of the new Probate Code.
Protecting a loved ones estate is an important goal for many and it is a fiduciary responsibility for some. Making sure the deceased last wishes are carried out properly is the responsibility of the person in charge of the estate. Alternatively, sometimes what appears to be a legitimate will or gift may not be legally binding. There are also ways to plan an estate so that it does not need to go through probate court. If you have any questions regarding wills or the probate of an estate in Massachusetts, contact of the attorneys at Bohnet & Romani, P.A. www.Bohnet-Romani.com.
Tuesday, February 26, 2013
Wednesday, February 20, 2013
The Use of Drug-Sniffing Dogs During Traffic Stops
The United States Supreme Court handed down an opinion yesterday that gives more power to the dogs--police drug-sniffing dogs that is. The case is entitled Florida v. Harris. The Court ruled that when a police dog shows signs that they have picked up an odor for drugs, officers may search a vehicle. Even without any other indication of criminal activity, other than the dog's sniff, police may search a vehicle for drugs. The Court's unanimous decision reduces a person's reasonable expectation of privacy in their motor vehicle.
The case revolved a drug-sniffing police dog named Aldo from Florida. When officers stopped a vehicle for a traffic violation they had Aldo sniff around the perimeter of the vehicle for the odor of drugs. When Aldo indicated that he had smelled something suspicious in the driver's side door, officers searched the vehicle to discover drug making equipment. The Court ruled that other courts must use a common-sense approach to see if the use of a drug-sniffing dog is reasonable. Most relevant, is to see if the dog has been trained to do what the police use it for. This, of course, does not take into account how well the dog performed during its training or if it continues to have regular training. Also, what if an officer ques the dog to make a false indication? The Court did not reach the question in its opinion.
Here is a link to the opinion.
The above summary is only the tip of the iceberg when it comes to search and seizure law. There are many more areas for a lawyer to examine when challenging the sufficiency of a traffic stop or a motor vehicle search. Massachusetts law allows more liberty, as compared to the U.S. Constitution or other states, when it comes to a person's reasonable expectation of privacy. Nonetheless, Floria v. Harris is now legal precedent.
www.Bohnet-Romani.com
The case revolved a drug-sniffing police dog named Aldo from Florida. When officers stopped a vehicle for a traffic violation they had Aldo sniff around the perimeter of the vehicle for the odor of drugs. When Aldo indicated that he had smelled something suspicious in the driver's side door, officers searched the vehicle to discover drug making equipment. The Court ruled that other courts must use a common-sense approach to see if the use of a drug-sniffing dog is reasonable. Most relevant, is to see if the dog has been trained to do what the police use it for. This, of course, does not take into account how well the dog performed during its training or if it continues to have regular training. Also, what if an officer ques the dog to make a false indication? The Court did not reach the question in its opinion.
Here is a link to the opinion.
The above summary is only the tip of the iceberg when it comes to search and seizure law. There are many more areas for a lawyer to examine when challenging the sufficiency of a traffic stop or a motor vehicle search. Massachusetts law allows more liberty, as compared to the U.S. Constitution or other states, when it comes to a person's reasonable expectation of privacy. Nonetheless, Floria v. Harris is now legal precedent.
www.Bohnet-Romani.com
Wednesday, February 13, 2013
Palmer Casino Public Forum
Mohegan Sun casino has scheduled a public forum to be held in Palmer, Massachusetts in order to discuss various aspects of the proposed casino and address public concerns. The public forum will be held on March 4, 2013 at 7 p.m. The location of the meeting has yet to be determined. The Republican newspaper recently ran a story about the meeting.
For those of you interested in Massachusetts gaming laws, check out this page from the Massachusetts Trial Court Library.
From property rights to increased traffic, there many areas were citizens have concerns about a casino coming to Palmer. The upcoming public forum may address some of your concerns. If you feel your legal rights may be affected by a casino coming to Palmer, Massachusetts, do not hesitate to contact one of the lawyers at Bohnet & Romani, P.A. Since we are a law office in Palmer, Massachusetts, we have a distinctive perspective on the casino issue. (413) 283-6455 www.Bohnet-Romani.com
For those of you interested in Massachusetts gaming laws, check out this page from the Massachusetts Trial Court Library.
From property rights to increased traffic, there many areas were citizens have concerns about a casino coming to Palmer. The upcoming public forum may address some of your concerns. If you feel your legal rights may be affected by a casino coming to Palmer, Massachusetts, do not hesitate to contact one of the lawyers at Bohnet & Romani, P.A. Since we are a law office in Palmer, Massachusetts, we have a distinctive perspective on the casino issue. (413) 283-6455 www.Bohnet-Romani.com
Tuesday, February 12, 2013
Is it time to get divorced?
Other than the two people in the marriage, no one else can decide whether it is time to get a divorce. If you do make the decision to get a divorce there are numerous laws and rules that must be followed in order to proceed legally and to protect your rights. The Massachusetts Law Library website has some great resources here. The website has some information for people who are interested in researching divorce-related topics in Massachusetts.
Even no-fault divorce is not a simple legal task. If you have any questions about getting a divorce, do not hesitate to contact one of the family law lawyers at Bohnet & Romani, P.A. (413) 283-6455. www.Bohnet-Romani.com.
Even no-fault divorce is not a simple legal task. If you have any questions about getting a divorce, do not hesitate to contact one of the family law lawyers at Bohnet & Romani, P.A. (413) 283-6455. www.Bohnet-Romani.com.
New Child Support website
The Child Support Enforcement Unit of the Massachusetts Department of Revenue launched a new website recently. Here is a description of the changes made and how it may assist those in need of their services.
Child support is a often a sensitive issue for many families. A common misconception about child support is that it only ever starts after a divorce is finalized. An experienced family law lawyer can help to demystify this complicated area of law.
If you have any questions about child support, whether it be paying or receiving payments, please feel free to contact one of the attorneys at Bohnet & Romani, P.A. (413) 283-6455.
Child support is a often a sensitive issue for many families. A common misconception about child support is that it only ever starts after a divorce is finalized. An experienced family law lawyer can help to demystify this complicated area of law.
If you have any questions about child support, whether it be paying or receiving payments, please feel free to contact one of the attorneys at Bohnet & Romani, P.A. (413) 283-6455.
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