General Practice of Law with concentrations in bankruptcy, wills, estates, social security disability, evictions for landlords and tenants, divorce, family law, custody, etc.
Bankruptcy is a solution grounded in the original U.S. Constitution that recognizes that a person buried so deeply in debt is not likely to further add to society if they cannot be given a new start. Walt Disney went bankrupt, and then he got a fresh start with better financial controls and his talents made Disney a Dow stock! Bankruptcy shifts the burden of credit towards creditor wariness of extending credit unless they know the risks of not getting paid, because a debtor may be relieved of debt through bankruptcy. It becomes an underlying premise of commerce. My firm will meet with you, evaluate your situation, and recommend bankruptcy if it is the appropriate solution. I have done hundreds of bankruptcies, and through that experience have a sharper and sharper appreciation of tactics and strategies to help my clients successfully go through the process.
Bankruptcy does give you a fresh start, free from most unsecured debts.
You do not have to have the full fee upon meeting, but I usually don't actually file until I have received my fee. I can possibly ward off creditors in the interim.
Probate includes the settling of a Decedent's estate, estate taxes, guardianships, name changes, conservatorship, etc. Estate Planning & Wills and Trusts include the planning of one's estate so that your wishes are accomplished, during your lifetime and after. It can also include the drafting of powers of attorney, durable powers of attorney, living wills, and durable powers of attorney for health care, etc. I like to compare the drafting of wills, etc. with plumbing that gets you your desired hot or cold water, and not sewage when the instruments are poorly drafted. Otherwise, you may get unplanned legal results not to your liking that actually occur due to legal presumptions of your unstated or misstated intent.
My focus is making sure you are ready for any eventuality. Sometimes intestacy (non-will) laws established by the state will fulfill your wishes, but do you have the legal confidence of that? I find it is better to consult with an attorney to get the confidence that your desires will be accomplished. You can sleep easier. A will can also save a lot of court fees and unnecessary post-death legal work and costs.
The administration of an estate can be complicated, or not. There are many issues to be resolved. You at least owe it to yourself to make sure to consult with an attorney to see what needs to be done.
Divorce can be a very trying time in you life. What you get when you hire a lawyer is this very important life event are two things: 1. Good, experienced advice as to how to plan for the break-up so that you get a fair deal and all other family concerns are properly taken care of. 2. A detached mind, which you probably won't have in this emotional setting. A person who is his or her own lawyer probably has a fool for a client. In short, by hiring a lawyer you get someone who can professionally advise you without the coloring of anger of biased emotions.Both are very important and will take you to a fair settlement. I have done many divorces and am able to lead you through this maze. I also help with all other family law issues: child support, visitation, etc.
Landlords always take a chance on their tenants. You hope they will pay the rent and take reasonable care of the premises. It doesn't always work out. The RI Residential Landlord and Tenant law tries to be fair to both sides. It is statutory and Judges strictly enforce what is says and what it doesn't say. A successful eviction involves close adherence to the exact wording of the law and savvy dealings with tenants, judges, and opposing counsel to get you out of a losing situation. While it is possible to evict someone without a lawyer, it is very easy to not follow the law strictly and have to start all over again. A non-paying tenant eviction really proves the maxim that "time is money." Every day of lost rent creates a bigger loss for the landlord. Starting over after failing on a technicality in court is expensive in lost rent and increased fees.My advice is to get a lawyer unless you really know what you are doing. Tenants also have rights under the RI Residential Landlord and Tenant Law. A landlord cannot force you out of your apartment without going through the man or woman in the black robes! While the law is designed to be fair to both sides, it has to be strictly adhered to by the landlord to evict a tenant. The Judges will be watching for that adherence. If there is a mistake by the landlord, he will have to start all over again!There are many nuances to fight evictions, although non-payment of rent will in the end guarantee your landlord winning. There are many defenses and maneuvers that a Tenant can make to protect his or her rights and legally prolong the process.
Give me a call. 884-1962. Atty Nelson Brinckerhoff
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