Practice Areas

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         NEW YORK PRACTICE AREAS

• Civil Litigation 
• Personal Injury
• Police Abuse
• Divorce
• Family
• Criminal Defense 
• Real Estate 
• Probate/Administration 

              SERVICES TO JAMAICA

LAND MATTERS

* Land Transactions /Conveyancing

     Buying /Selling

* Transferring Property

* Registering Property

* Application for First Time Title

* Application for Lost/Destroyed Title

* Property Valuation and Survey

* Payment of Property Taxes

* Noting of Death on Title (of a

            deceased joint tenant) 

* Property Recovery from Tenants/Occupants

* Notice to Quit Premises

ESTATE MATTERS

* Draft Wills

* Probate Wills

* Obtain Letters of Administration

JAMAICAN LAWYERS READY TO WORK FOR YOU: CALL (718) 325-5500
 CARI-JAM LEGAL
Patrick O. Forrester P.C. Attorneys-at-Law

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Practice Areas
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               New York Practice Areas


   Divorces
   Family Law
   Civil Litigation
   Personal Injury
   Police Abuse
   Criminal Defense
   Real Estate
   Probate/Administration

* Note Death on Title 

PERSONAL INJURY MATTERS

* Motor Vehicle Accident

* Tourist Accident

* Construction Accident

* Police Abuse

US IMMIGRATION MATTERS

* Obtain US-CRBA & US Passport for Children of US Parents.

* File Immigration Family Petitions

* Attending US Immigration Interviews

* Adoptions for migration to USA 

* Assist with Fingerprint Process for US Immigration 

* Resealing of Grants (obtained in the USA)

* Authentication and Legalization of documents 

BUSINESS MATTERS

* Registering Business

* Paying Taxes

* Preparing Powers of Attorney

Obtaining Documents:

- Taxpayer's Registration Number (TRN)

- Birth Certificate

- Marriage Certificate

- Death Certificate

NB: Please call us if you need something done that is not on our list and we will do all we can to assist.

                                        CALL: (718) 325-5500; email: info@carijamlegal.com

Frequently asked questions will be displayed soon. 

At Patrick O. Forrester, P.C. we  represent buyers and sellers in the sales, purchase, and lease of  residential and commercial properties.  For most individuals or  families, buying a home is the single most important investment they  will make during their lifetime and we make every effort to ensure the  success of each transaction.  We pay close attention to detail while  diligently representing our clients’ interests at every stage of the  transaction and work hard to ensure that their rights are protected both  now and in the future.

Our  firm has been committed to meeting the highest standards of personal  service and attention in real estate matters whether our clients are  based locally or abroad.  We understand that trust is very important and  as such we handle each client with the same honesty and respect. 

Before  you embark upon the process of purchasing or selling property call our  office.  We will help you find a knowledgeable and reputable realtor to  assist with the selling or purchasing of your property and we will help  you understand the costs associated with your transaction.

Call Patrick O. Forrester, P.C. at (718) 325-5500 in New York or (876) 906-8317 in Jamaica, W.I.If customers can’t find it, it doesn’t exist. Clearly list and describe the services you offer. Also, be sure to showcase a premium service.

Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.

Are your customers raving about you on social media? Share their great stories to help turn potential customers into loyal ones.

Running a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal.

Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits.

In  Jamaica, inheritance issues are dealt with by either the Supreme Court  or the Resident Magistrate’s Court. The Resident Magistrate’s Court  handles inheritance matters where the value of the deceased’s estate  does not exceed 1.5 million dollars and the Supreme Court handles other  matters. The probate process and estate administration ought to advance  smoothly and without problems, provided that the goals of a decedent are  plainly expressed and legally sound. But very often the process could  be delayed and lead to discord and litigation in a variety of  situations.  In addition the Court process can also be very burdensome  for those faced with these fiduciary responsibilities, however, we here  at the Law Office of Patrick O. Forrester, P.C. will steer you through  this process smoothly and successfully.

PROBATE

Probate  is the legal process whereby a person’s Will (wishes) is effected after  his/her death so that the gifts of the will can be distributed to the  beneficiaries.  In Jamaica, this process is done either in the Resident  Magistrate Court or the Supreme Court, depending on the size of the  estate.  If the value of the estate exceeds $1,500,000.00 the  application to probate the Will is done in the Supreme Court. Where the  value of the estate does not exceed $1,500,000.00 application to probate  the Will is filed in the Resident Magistrate’s Court where the deceased  had his last fixed place of residence.

Where  the Will is established as the legitimate Last Will and Testament of  the deceased (the person who died), jurisdiction is acquired over all  interested persons who are provided a chance to oppose the Will before  its admission to Probate and the individual designated in the Will as  the Executor is appointed to carry out the wishes of the deceased.  

Specifically,  the process involves gathering information on the assets of the  deceased, creating an inventory, paying the estate debts including  funeral and burial expenses, paying creditors, distributing remaining  estate assets to the heirs and beneficiaries in accordance with the  Will, preparing an accounting of the assets and expenditures, and  closing the case.

Not all  assets of the estate are considered part of the probate estate and as  such those assets are not subject to the legal process.  Assets not  subject to the probate process are referred to as non-probate assets and  we say they by-pass the Will. Examples of non-probate assets include  the following:

• Property and other assets owned in joint tenancy with rights of survivorship;
• Retirement plans, annuities, life insurance, and other assets that have designated beneficiaries;
• Property and assets that are held in a trust;

If the decedent died without a Will, an Administration proceeding will be filed instead of a Probate.  

ADMINISTRATION - Intestate Proceeding

When a  person dies without a will, then he or she is said to have died  “intestate.” When one dies intestate, the laws of intestacy apply and  dictate how the assets of the estate are distributed.  People usually  don’t want the State deciding how to distribute their assets after they  die, it is therefore advisable to hire an attorney to help with an  Estate Plan (will, trust, and related documents) that will keep you in  control of what happens to your estate after you pass.  Since a Will was  not made here, an application must be made to the Court by one or more  eligible distributee (beneficiary) of the estate for a “grant” of  Letters of Administration.  Of importance to note here is, that where  the Will is determined by the Court to be “invalid” the laws of  intestacy applies.  Also note that sometimes there is a valid Will but  not all of the decedent’s assets are included in the Will.  When this  happens the assets not included in the will are subject to the laws of  intestacy. The distribution of those assets is considered a partial  intestacy.

Whenever the  laws of intestacy apply, a determination has to be made concerning who  are the distributees and ruling out people who are not. Upon completion  of the Administration process, the court names an Administrator having  identical authority and rights as an Executor (an executor is the person  who would have the authority if there was a will). This legal document  entrusts the administrator with the administration of the estate of the  deceased.

In Jamaica, this  process is done either in the Supreme Court or the Resident  Magistrate’s Court, depending on the size of the estate. If the value of  the estate exceeds $1,500,000.00 the application for the Letters of  Administration will be done in the Supreme Court. Where the value of the  estate does not exceed $1,500,000.00 applications are filed in the  Resident Magistrate’s Court where the deceased had his last fixed place  of residence.

Usually, one  or more of the beneficiaries of the estate make the application for the  Letters of Administration.  It makes for a much smoother process when  the beneficiaries get along and there is no obstruction of the process.   If there is there may have to be an application seeking an Order from  the Courts for the appointment of an appropriate person to take charge  of the estate.  All administrators and executors are entitled to a  commission of 6% from the estate for their services, which is paid  before the distribution of the assets to the beneficiaries as well as  Attorney’s fees.

A Certificate of the  Administrator-General must be obtained, prior to making the application  for a Grant in the Court. In order to obtain the Certificate of the  Administrator-General, the applicant is required to:

1. Submit a completed a Form of Particulars, sworn to before a Justice of the Peace; and
2. A  certified copy of the Death Certificate; and
3. A copy of the Oath of Administrator prepared by the applicant's Attorney; and
4. The consent of person(s) who have a prior right to apply for the Grant. and
5. A J$2,000.00 fee for the Oath of Administrator.

Note that if the  consent of one or more Beneficiaries equally entitled to the estate  cannot be obtained the Beneficiary making the application is required to  submit proof that the others were served with notice of the applicant's  intention to apply for the Grant.

Common law Spouses

Where  the applicant is claiming to be a beneficiary of the estate because of a  common-law union with the deceased, he/she must obtain an Order from  the Supreme Court declaring he/she the spouse of the deceased.  The  Intestates' Estates and Property Charges Act (the "IEPCA") defines  "spouse" to include, a single woman who had lived and cohabited with the  deceased who was a single man as if they were married for a period not  less than five years immediately prior to his death; and likewise a  single man having lived and cohabited with the deceased who was a single  woman as if they were married for a period not less than five years  immediately prior to his death. Only one person may be regarded as the  spouse under this law. 

Children

Where  there is a child who is entitled to share in the deceased’s estate, the  Administrator-General stands in loco parentis (as parent) to protect the  child’s interest and is required to administer the estate until the  child is at least 18 years old.  The administration of the estate will  continue until such time.  A Court Order may also be issued for the  appointment of someone to act in place of the Administrator-General.

Once  the Grant of Letters of Administration is obtained, the personal  representative is required to deal with the assets of the estate in  accordance with the principles outlined in the IEPCA.  The administrator  collects the assets of the estate by sending the original or a  certified copy of the grant of the Letters of Administration to every  institution or person holding assets or titles to assets for the  deceased requesting that they be released to the Administrator.  The  Administrator must also gather the debts of the deceased and in doing so  it is mandatory that an advertisement be placed in the newspaper  informing of the death and inviting creditors of the estate to come  forward and substantiate their claim within 6 weeks after the  publication of the advertisement.  It may be necessary for the  Administrator to sell some of the property of the estate to pay debts if  there isn’t enough cash.

After  debts are paid and funeral expenses are taken care of the residue of  the estate can be distributed.  The IEPCA sets out the manner in which  each class of beneficiaries would share in the residuary estate at the  distribution stage of the administration process. The residuary estate  is that portion of the estate which remains to be distributed after  payment of funeral and administration expenses, debts and other  liabilities.  Transfer tax in the amount of 1.5% is to be settled prior  to the sale or transfer of assets which it is applicable to.  However  where the property was the principal place of residence for the deceased  and the applicant at the time of the death of the deceased or the  matrimonial home where the spouse is the applicant there is an  exemption.
 

TABLE OF DISTRIBUTION
Where  the deceased died leaving the following class of persons, the residuary  estate is passed to the beneficiaries in the stated proportions:

Spouse, children & parents

½ to Spouse ½ to children in equal shares If only 1 child, 2⁄3 to the spouse 1⁄3 to the Child. (Parents do not share in the estate)

Children & parents only

children take absolutely in equal shares (Parents do not share in the estate)

Spouse & parents only

2⁄3 to spouse & 1⁄3 to parents (in equal share if both alive)

Parents survive, but no spouse

Parents take absolutely in equal shares. or children Single surviving parent takes absolutely.

If no spouse, children or parent

the class of persons  next in line in the following table will take in equal share in the  following order to the exclusion of those in the lower classes:

1. Brothers and sisters of the whole blood
2. Brothers and sisters of the half blood
3. Grandparents
4. Uncles and aunts of the whole blood
5. Uncles and aunts of the half blood
6. The Crown (as Bona Vacantia)

The estate  administration can be tedious and sometimes daunting, however, at the  Law Office of Patrick O. Forrester, P.C. our goal is to help you  administer the estate effectively.

Patrick O. Forrester P. C. at (718) 325-5500  or (876) 906-8317 for a consultation today.