Frequently Asked Questions

The following answers provide general information about common legal matters. Every situation is different, and this information should not be considered legal advice for your specific circumstances.

Criminal Defense

What should I do if I have been arrested or charged with a crime?

You should consider speaking with a criminal defense attorney as soon as possible. Avoid discussing the details of your case with other people or posting about the matter on social media. An attorney can review the circumstances, explain the charges and help you understand your options.

Should I speak with law enforcement without an attorney?

You have important legal rights when questioned by law enforcement. If you are uncertain about whether to answer questions, you can request to speak with an attorney before discussing the circumstances of your case.

What happens after criminal charges are filed?

The process depends on the charge and circumstances. A criminal case may involve an initial court appearance, bond proceedings, investigation and discovery, negotiations, motions, hearings and potentially a trial. An attorney can explain which steps apply to your case.

Does being charged mean I will be convicted?

No. A criminal charge is an accusation, not a conviction. The prosecution must prove the case according to the applicable legal standard, and a defendant may have defenses or other legal options depending on the facts.

When should I contact a criminal defense attorney?

As early as possible. Early legal representation can allow an attorney to evaluate the situation, preserve relevant information and advise you before important decisions are made.

Simple Wills

Why should I have a will?

A will provides instructions for how you want certain property handled after your death and can identify the people you want to serve in important roles in administering your estate.

What happens if I die without a will?

When someone dies without a valid will, state law generally determines how property subject to probate is distributed. The result may be different from what the person would have chosen.

Can I create my own will?

There are ways to prepare a will without an attorney, but wills must satisfy applicable legal requirements. Errors in preparation, execution or witnessing can create problems later. An attorney can help ensure that the document reflects your intentions and is properly executed.

When should I update my will?

Consider reviewing your will after significant life events such as marriage, divorce, the birth or adoption of a child, a death in the family, a substantial change in assets or other major changes in circumstances.

Is a simple will appropriate for everyone?

No. Some estates, family circumstances and planning goals require more extensive estate planning. An attorney can help determine whether a simple will is sufficient for your situation.

Guardianship

What is guardianship?

Guardianship is a legal arrangement in which a court appoints someone to make certain decisions for another person when the legal requirements for guardianship have been established.

Who may need a guardian?

Guardianship may arise in circumstances involving a minor or an adult who cannot independently manage certain personal or financial matters. Whether guardianship is appropriate depends on the individual circumstances and applicable law.

Who can serve as a guardian?

Courts consider legal qualifications and the circumstances of the proposed guardian and the person needing assistance. The court ultimately determines whether an appointment is appropriate.

How is a guardian appointed?

Guardianship generally requires a court proceeding. The process may include filing an application or petition, providing required notices, presenting evidence and obtaining a court order.

Are there alternatives to guardianship?

Depending on the circumstances, there may be less restrictive alternatives. An attorney can review the situation and discuss whether guardianship or another legal arrangement may be appropriate.

Probate

What is probate?

Probate is the legal process used to address certain matters following a person's death. Depending on the circumstances, it can include validating a will, appointing someone to administer the estate, addressing debts and distributing estate property.

Does every estate have to go through probate?

Not necessarily. Whether probate is required depends on factors such as the assets involved, how they are titled, beneficiary designations, estate-planning arrangements and applicable law.

How long does probate take?

There is no single timeline. The length of probate can depend on the complexity of the estate, creditor issues, property that must be administered, disputes among interested parties and court requirements.

What does an executor or administrator do?

The person responsible for administering an estate generally has duties involving estate property, required notices, debts and expenses, court filings and distribution of assets. The specific responsibilities depend on the estate and applicable law.

What if family members disagree about an estate?

Estate disputes can involve the validity or interpretation of a will, property ownership, administration of the estate or other issues. Legal counsel can help determine the appropriate way to address a disagreement.

Real Estate

When should I involve an attorney in a real estate matter?

An attorney may be helpful when buying, selling, transferring or dealing with disputes involving real property, particularly when questions arise concerning contracts, title, ownership or other legal rights.

Can an attorney review a real estate contract before I sign it?

Yes. Having an attorney review an agreement before signing can help you understand its terms, obligations and potential legal consequences.

What is a title issue?

A title issue is a potential problem affecting ownership of or rights involving real property. Examples can include liens, competing ownership claims, recording problems, easements or other interests affecting the property.

What if there is a disagreement over property ownership?

Ownership disputes can be complex and may involve deeds, contracts, inheritance, boundary issues or other documents and evidence. An attorney can review the relevant records and explain the available legal options.

Can a real estate dispute be resolved without going to court?

Sometimes. Depending on the circumstances, disputes may be resolved through communication, negotiation or another agreement. Other matters may require court proceedings.

Have a Question About Your Situation?

Legal matters are highly dependent on individual facts and circumstances. If you have questions involving Criminal Defense, Simple Wills, Guardianship, Probate or Real Estate, contact Hilliard Law to discuss your situation.

AIWEB Beta Notice

This AIWEB Page is part of a beta service and is provided for testing and informational purposes. Features, availability, response times, and information presented through this AIWEB Page may change during the beta period.

Messages or requests submitted through this AIWEB Page may take longer than usual to receive a response and should not be used for urgent, time-sensitive, or emergency matters.

Submitting information through this AIWEB Page does not create an attorney-client relationship. Do not submit confidential or sensitive information unless you have been instructed to do so by Hilliard Law.

For official information, urgent matters, or to contact Hilliard Law directly, please visit www.hilliardlegal.com and use the contact information provided on the firm's official website.

AIWEB Beta • Powered by The AI Web Company