Where Does Your Debt Go When You’re Gone?

Any kind of debts you leave when you pass away can eliminate the assets that you had hoped to leave to heirs. Sometimes, member of the family might also be on the hook of your debt. Many individuals buy life insurance policy not just to leave something behind for their beloved ones but also to aid deal with any kind of debt and also last expenses.

Your debts become the obligation of your estate after you die. Your estate is every little thing you owned at the time of your death. The procedure of paying your costs and also distributing what remains is called probate.

The executor of your estate, the individual responsible for handling your will and estate after your death, will certainly use your properties to repay your debts. This can suggest creating checks from a bank account or selling home to get some cash. If there are no sufficient means to cover your debts, creditors generally are out of good luck.

On the other hand, particular types of debs can become other people’s burden.

Mortgage

If there’s a joint homeowner or if someone inherits your house, this person will be responsible for your debts. Yet federal regulation bars lenders from forcing a joint owner to repay the mortgage instantly after the death of the co-owner. If there’s no joint property owner, the executor can pay the mortgage out of the estate. If there’s not enough money in the estate, a family member who inherits the house can simply take over the mortgage payments.

Home Equity Loan

The same goes for a home equity loan if somebody inherits it. A lender can require him/her to repay the loan instantly, which might imply selling the house. That said, lenders may work with new owners to let them simply take control of the settlements on the home-equity loan.

Credit Cards

If the estate runs out of assets to pay bank card balances, credit card companies run out luck due to the fact that this debt is not secured by properties the way mortgages and car loan are. Yet any type of joint account owner would be accountable for the unpaid bills. Individuals that are simply authorized users of a credit card are exempt for paying the balance.

Car Loan

The executor can also pay the car loan out of the estate. If payments stop, the loan provider can repossess the automobile. If the estate can not repay the car loan, whoever acquires the car can just proceed paying as well as the lender is unlikely to do something about it.

Student Loans

The estate must pay off personal student loan debt, however lenders have no choice if the estate does not have possessions to settle unprotected debts such as student loans. But, co-signers of private student loans will be in charge of remaining debt. Some lenders might even forgive the debt upon death, but this is not typically the case. To make sure no one will be responsible for your student loan after you pass, it’s best to use federal student loans since they are discharged upon your death. If a student’s parent has a federal PLUS loan, it will be discharged upon the death of either the parent or student.

If you need assistance with planning your estate, asset protection, or other elder law issues, contact the dedicated and skilled Chattanooga estate planning attorneys at the McKoon, Williams, Atchley & Stulce, PLLC.

What Should You Do If You’re Accused Of Shoplifting?

What should you do if you’re accused of shoplifting? Depending on the circumstances, it could be a minor little incident, or a potentially expensive criminal ordeal.

The amount of supposedly stolen products is a determining factor. It will influence whether  shoplifting will be met with a mere citation, or charged as a misdemeanor or even a felony. Exactly how you act when faced claimed shoplifting can also influence your case.

Here are five points to expect and also think about if you’re confronted a shoplifting accusation.

Remain Silent

Going mad could make things even worse and also often results in spoken hostility that you’ll want you might take back. Take a deep breath and count to 10 before you act or make any kind of statements. In fact, silence could be gold as just what you say could be used against you in court, so it might be best to request a Chattanooga criminal defense attorney and afterwards simply refuse to talk.

Know Your Rights

In terms of law, an owner of a store or security officers can actually detain you on suspicion of shoplifting while they wait for polices to arrive. Moreover, they have the right to check your bag or pockets for the proof of shoplifting, but should do it IMMEDIATELY and better with some independent witnesses. Otherwise, there’s a chance that somebody just planted a product on a person.

What you should also know is that they must have a strong reason that you were shoplifting, and can use only reasonable means and reasonable force to detain you. Any pressure or force that can lead to bodily injury is restricted and can serve as basis for a lawsuit down the road.

Know The Law

You do not need to actually “shoplift” to be charged. State legislations about theft differ, yet in several states, being a “lookout” or deliberately distracting bystanders’ focus away from a shoplifter could be prosecuted under shoplifting regulations. The crime of theft could likewise include changing or swapping price tags.

As for the Tennessee Law, the shoplifting or theft is defined by the following actions:

  • Concealing or removing the goods;
  • Changing or removing any price tags;
  • Removing the product from one container to another;
  • Causing a sales recording device (i.e. cash register) to show less than the actual price on a product;
  • Removing, destroying, deactivating, or evading a component of an anti-shoplifting device to commit or facilitate a theft;
  • Using an instrument, device, or container to commit or facilitate a theft; or
  • Activating or interfering with a fire alarm system to commit or facilitate a theft.

Contact A Lawyer

Criminal penalties are possible for all types of theft. A knowledgeable criminal defense attorney could assist you examine proof and also obtain the most effective possible result for your particular situation. First-time founded guilty thiefs can usually get  social work or participate in an education program instead of tougher fines. In more serious shoplifting cases, a plea deal may be possible. That’s why spending some money for an attorney could possibly pay off big-time when you’re charged of theft.

If you need help with a shoplifting charge, contact a Chattanooga criminal defense lawyer immediately. McKoon, Williams, Atchley & Stanley, PLLC our Chattanooga criminal defense attorneys can protect the rights of the accused in the state and federal courts of Tennessee.  We have the resources and experience to handle a wide range of criminal charges, we are ready to step in and protect your rights as soon as possible.

Criminal Charges: Why Hire A Private Lawyer

When an individual is dealing with criminal charges, they are forced to make lots of vital decisions. They must think about whether to plead guilty or not guilty. They should determine whether to take a punishment suggested by a prosecutor. Potentially the most vital decision is who she or he needs to use as a lawyer.

A criminal defendant generally has two primary choices: a public defender or a private lawyer. Both choices have their own advantages and disadvantages. S/he has to very carefully evaluate the pros and cons before making a final decision.

Public Defender

A public defender is appointed to the case by the court and to offenders who could not afford hiring a private lawyer. As a result, the defendant does not need to pay for his or her lawyer, which can otherwise be very pricey.

Public defenders have dealt with a variety of criminal situations and normally have experience working with criminal cases. They interact with prosecutors on a regular basis and also may have a far better connection with them that can assist obtain plea agreements through.

Why Public Defender Is Not The Best Choice

First of all, keep in mind that public defenders are governmental workers. Therefore, they normally make a lot less compared to private lawyers. Given that a lot of people are not able to pay for to work with a lawyer for their criminal protection, they frequently have huge caseloads. It is common for public protectors to be overworked and underpaid. These factors could result in blunders or lack of time to meet with clients and prepare for the case.

It often happens that the public defender hasn’t spent even an hour before the person enters a plea because of managing hundreds of cases in parallel. Such a large caseload consumes time, energy and focus needed to develop a legal protection that can have prevented or minimized the impact of a conviction.

Another negative aspect of having a public defender is that the client does not have many options. It’s the court who appoints the lawyer. If the general public defender is not satisfying the client, it may be quite problematic to work together and get a new public defender.

Why Hire A Private Lawyer

First and foremost, a private lawyer is selected personally by an interested party – the defendant or his or her family. For many individuals, the only negative aspect of working with a private lawyer is having to pay for his/her services. But the price cannot be compared with the value of your freedom and future.

Private legal representatives normally do not have nearly as many cases as public defenders. This allows them to have more face to face time with clients. This time can be used to get better accustomed with the defendant and also to find details that can help the defense. This enables a private lawyer to discover weaknesses in the prosecution’s case that could aid the lawyer get the situation dismissed or have the costs reduced.

Because the defendant is paying for legal services and relevant lawful expenses, there may be a lot more sources that can help with the defense. For instance, it becomes possible to hire expert witnesses to explain a key aspect of the case. Evidences that will be used against the defendant can be tested in private laboratories if there are any doubts in verity of the results. Another option is to hire private investigators to discover important evidence that will certainly assist the defense. In general, private lawyers always have additional staff, associates and paralegals that can help on the case.

At McKoon, Williams, Atchley & Stanley, PLLC our Chattanooga criminal defense attorneys can protect the rights of the accused in the state and federal courts of Tennessee. On the contrary to public defenders who may be very difficult to get a hold of, we are always available for the call or personal meeting. Our main aim is to protect your rights and interests. We have the resources and experience to handle a wide range of criminal charges, we are ready to step in and protect your rights as soon as possible. If you are facing criminal charge, any minute is precious – contact us for a professional legal defense you can rely on.

How To Overcome A DUI Charge In Tennessee

If  for some reason you have failed a field sobriety test or blown over a. 08 on a breath examination in Tennessee, you may be thinking that a DUI charge is unavoidable. This is not always the case. The results of a field sobriety test and even a blood or urine test do not instantly lead to a conviction. The main purpose of the test results is to serve as an evidence that will be presented in court  exist at trial but they are not determinant in a DUI case.

There are a number of ways to overcome a DUI charge in Tennessee. Most of them are connected with the mistakes in the procedure following the DUI stop as well as the blood alcohol content (BAC) determination. For instance, if the policeman that stopped you for DUI made a mistake in the police report or various other documents related to your arrest, the whole case against you may be undermined. Such a mistake casts doubt on the reliability of all information collected during the stop. It can likewise be used to decrease the reliability of the police officer.

It is also important to evaluate the certain conditions linked to the administration of the breath, blood, or urine test or the administration of the field sobriety test. These examinations have specific procedures which have to be adhered for the cause to be considered reliable. In some areas, police officers should be certified and specially educated to administer a breath test. Without appropriate training or if an error was made in the test administration, all collected results can be challenged in court.

In addition, the preliminary reason for the policeman stopping you could have serious effects for how your DUI trial will certainly proceed. A policeman must have a probable cause for stopping you as well as providing a field sobriety examination or breath examination. Were you driving unpredictably? Swerving? Moving in and out of lane lines? These could be reasons to validate potential cause, but they can likewise be tested. For example, some of these driving patterns can be explained by poor weather condition. If there are irrefutable proofs which can convince the court, the judge will find that there was no reason for the stop. As a result, evidence surrounding the stop and possible after the stop may be suppressed which means it would be inadmissible at trial. That also applies to the police officer’s failure to read you your Miranda rights.

A Tennessee DUI charge is a severe issue and, though it is possible to efficiently overcome the DUI charge, it takes an experienced and detail-oriented Tennessee lawyer to find the weak points in the State’s DUI case. At McKoon, Williams, Atchley & Stanley, PLLC our Chattanooga criminal defense attorneys  understand that beating a DUI charge requires taking into account every single detail. We have an extensive understanding of DUI law as well as criminal procedure to fight for our customers. If you have been charged with a DUI in Tennessee, do not quit yet. Get in touch with the professional attorneys at McKoon, Williams, Atchley & Stanley, PLLC today online, or call (423) 756-6400 to set up a free appointment.

New City Hall Was Named After One Of Our Attorneys

In may, one of attorneys from McKoon, Williams, Atchley & Stulce, PLLC was honored to have a new city hall named after him. This decision was made by the commission at Thursday session on May 17. With more than 30 years of professional experience, attorney Arnie Stulce is known for helping Chattanooga with legal matters and being a mentor to many. It was also pointed out by Red Bank outgoing Mayor John Roberts.

A few years ago, Red Bank bought a building two doors down on Dayton Boulevard. In February, the commissioners voted to renovate this old building and open a new city hall which will cost $681,040.

After the renovation, the building will have offices for the city manager, the city recorder, the finance director, director of public works, office staff and a receptionist. Also, there will be a special room for local public meetings.

It has actually been designed to meet the city’s new design criteria using approved building materials and glass. The parking area will be defined by short walls and landscaping. Upon completion of the new building renovation, the existing structure will become the police department.

Attorney Arnie Stulce was truly surprised and shocked at the news. The team of attorneys at McKoon, Williams, Atchley & Stulce, PLLC is glad to congratulate its member on such an occasion. It’s a real honor to work together with a person who did so much for Chattanooga. This is yet another proof of the high professionalism of the attorneys at McKoon, Williams, Atchley & Stulce, PLLC. 

 

 

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