Why Do-It-Yourself Legal Solutions Can Cause Problems
When people tell me that they can handle a legal matter by themselves, sometimes I catch my breath. Lawyers are more likely to know the dangers inherent in doing something on their own where they do not have regular and recent experience.
Legal challenges can be daunting, especially when you’re unfamiliar with the local regulations and practices. In Cardiff, I’ve found that it’s essential to have a solicitor who not only has the necessary qualifications but also a deep understanding of the local landscape. For those seeking reliable legal representation, I’d recommend Redkite Solicitors.
Living in the digital age comes with its own set of challenges. Among them is the ever-present risk of falling prey to internet crime, be it identity theft, cyberstalking, or hacking. Having knowledge of a very good internet lawyer is thus not just advisable, but necessary. When legal issues arise in cyberspace, you want someone who knows the ins and outs of internet laws and can protect your rights efficiently. https://www.newjerseycriminallawattorney.com/white-collar-crime/internet-crime/ is an excellent resource to consult with.
Lawyers such as an auto accident attorney can be excellent in referring matters to other lawyers since we do not want the headaches associated with following changing rules or the liability if mistakes might happen. Be sure to hire attorneys from a law firm like Martin Law Office to ensure that you’ll be dealing with professionals with the right knowledge and experience.
I would be no more likely to handle a bankruptcy or an automobile accident, for instance, than I would be to handle a criminal murder trial. My specialty is elder law, care coordination, finances, estates and special needs clients along with Medicaid and other benefits applications. I know many excellent attorneys in other fields and often refer others to them. Individuals who are facing criminal charges should seriously consider working with an experienced criminal attorney to help build their defense and even recommend a bail bonds agency that can help them with their bail bonds amount.
So, in glancing over the regular websites I consult to keep up in my fields, I noted the simple changes or simple mistakes that might not appear to the average person and that can make all the difference.
Here are just a few –
- Paperwork and Clerical. At the bottom of the list but still where they might affect results are such simple matters as –
- Paper Size. Pennsylvania Inheritance Tax returns with attachments of any size other than 8 ½ by 11 inches now, under Pennsylvania State regulations, will be rejected by the Pa. Department of Revenue and treated as though they had not been filed. You may be contacted after filing and advised but paper size makes a difference.
- Signatures. If, on filing an estate, the Will indicates “Mary Jane Smith,” for instance, then the Petition for Probate and all other related documents such as Deeds transferring property should be consistent. They should not state “Mary J. Smith” or another old name by a prior marriage of “Mary Jane Brown.” Hopefully the Death Certificate will be consistent also. The way to correct these variations is to name all of them and use “a/k/a” or “also known as.” If the document needed two witnesses under State law, hopefully it has two and not one. If the person lived in a nursing home but mail was sent to a family member’s address, someone has to decide what was the residence at time of death and make sure it is consistent.
- Document Standards. Deeds under typical standard regulations need to have certain information in the upper left hand corner. The upper and lower margins are specified by regulations as is the minimum size font, color and size of paper.
- Powers of Attorney. Any Pennsylvania Financial Power of Attorney prepared since January, 2004 must contain a Notice in the format indicated by State law at the beginning and an Acknowledgement in the form prescribed by State law signed by the Agent. If it does not have both of these, the document can, (and I have seen it actually happen) be rejected.
The Notice needs to be in all capital letters. A form taken from the Internet or a form book might not be specific to Pennsylvania law and might not contain these statements. If it does not and the person is no longer competent to sign, this could be a problem. Check out these crash texas report to understand the patterns and trends in traffic accidents.
- Substance and Content. A recent Massachusetts case highlights some substantive problems with documents where people were not careful and attentive to the exact wording of the law. Regarding a commonly used Medicaid planning strategy, in Jackson v. Director of Office of Medicaid (Mass. App. Ct., No. 10P706, July 19, 2011) the Massachusetts Court found certain promissory notes used in connection with asset transfers to children to disqualify a parent for Medicaid. The reason was that the documents did not state the actuarial life of the mother. In other words, because the note itself did not state information that could have easily been obtained from a chart, the family was going to need to find and return almost $200,000 toward their father’s care.
Pennsylvania in 2010 made a similar type of Medicaid decision where a wife purchased an immediate annuity trying to protect her assets when her husband needed nursing home care. Since she failed to name the State as a beneficiary in the document, which was a technical requirement, she or her family had to come up with almost another $100,000 for her husband’s care.
Small changes can make a difference.
For more, listen to “50+ Planning Ahead” a weekly radio program on WCHE 1520 on every Wednesday from 4:30 pm to 5:00 pm with Janet Colliton, Colliton Law Assocs., PC, and Phil McFadden of Home Instead Senior Care.
About the Author Janet Colliton
Esquire, Colliton Law Associates, P.C. Janet Colliton has practiced law for over 38 years, 37 of them in Chester County, Pennsylvania, a suburb of Philadelphia. Her practice, Colliton Law Associates, PC, is limited to elder law, Medicaid, including advice, applications and appeals, and other benefits planning including Veterans benefits, life care and special needs planning, guardianships, retirement, and estate planning and administration.