Estate Insolvency berciklaw.com

Estate Insolvency: What to do when the estate can’t pay the bills.

Insolvency: What an executor can do when the estate can’t pay all the bills.  Estate insolvency occurs when a person dies leaving behind more debt than there are funds to pay off the debts.  Any assets in the estate including real estate may be sold off to repay debts. The estate’s  executor, beneficiaries or heirs generally … Read more

juvenile record expungement

Juvenile Record Expungement – What you need to know.

juvenile record expungement - berciklaw.comJuvenile Record Expungement can Include an Entire Juvenile History. 

A juvenile record expungement application can be made 6 years after the latest adjudication & completion of supervision.

Any juvenile adjudication of delinquency (the equivalent of an adult conviction) can be expunged in, essentially, the same way that an adult conviction can be expunged. That means that if a person has only one juvenile conviction that would be the equal of an adult indictable offense, and no more than three adjudications that would be the equal of an adult disorderly or petty disorderly offense, that individual can be eligible for expungement of the juvenile record six years after the latest adjudication and completion of supervision.

Similarly, juvenile adjudications, when limited to what would be equal to adult disorderly persons offenses or petty disorderly persons offenses, may have their juvenile record expunged provided there are no more than four such adjudications and no subsequent convictions of any kind.  These types of adjudications can be expunged after a period of five years has passed since the last adjudication and completion of supervision.

Lastly, records of juvenile charges dismissed due to the successful completion of a supervisory or diversionary program are eligible for dismissal six months after the entry of the order of dismissal.

 A juvenile record expungement can seal the entire juvenile record. 

Unique to the juvenile system is the process whereby the entire juvenile record can be expunged.  This can occur when a period of no less than three years has elapsed since the final discharge from legal custody or supervision and the individual has no subsequent adjudications of any kind.  In addition, the individual can have no adult expungement and cannot have been subject to any adult supervisory treatment or diversionary programs if you want a juvenile record expungement.

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ADULT GUARDIANSHIP – HOW IS A GUARDIAN APPOINTED FOR A PARENT WITH DEMENTIA?

ADULT GUARDIANSHIP – STARTING THE PROCESS The person seeking the appointment of a guardianship files a petition with the probate court where the incapacitated person lives. The petition usually includes medical affidavits and sworn statements from medical professionals about the person’s incapacity, and identifies the person who wishes to be named guardian. The precise procedure varies … Read more

HEALTH CARE PROXY – WHAT LEGAL DOCUMENTS DO 18-YEAR-OLD STUDENTS NEED?

HEALTH CARE PROXY – PARENTS OF COLLEGE STUDENTS: DO NOT AUTOMATICALLY HAVE AUTHORITY OVER ADULT CHILDREN. Preparing for college means more than just packing clothes. Consider having them sign two legal documents essential for young college bound students; a HIPAA Release and a Health Care Proxy. The HIPAA release, or Health Insurance Portability and Accountability … Read more

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