Tips To Help Your Loved Ones Avoid A Lengthy Probate Process Upon Your Death

Posted by on Aug 20, 2015 in Uncategorized |

Probate is a procedure that occurs when a court is put in charge of the distribution of someone’s property upon their death. The first step is usually to ensure that all debts are paid, and then the court will attempt to transfer any remaining property to the deceased person’s family or other survivors. While that sounds simple enough, probate can go on for months or even a couple of years, and subject the survivors to a lengthy ordeal. If you’d like to ensure that your estate is settled in a timely fashion upon your death, here are some things you can do. Hire a Probate Attorney While Still Alive to Take a Look at Your Estate A deceased person’s property sometimes goes into probate if there was no clear will left behind or if there is a dispute among the survivors. A skilled probate attorney would be able to look at all of your property and help you craft a number of documents that should help expedite the process of giving away all of your stuff upon your death.  Take Advantage of Transfer on Death Provisions Even if you don’t have a specific will, you are allowed in some states to set up a transfer on death beneficiary for certain assets. For example, you can transfer your entire stock portfolio to a loved one upon death, or designate a specific motor vehicle for someone. The same is true for real estate. Again, different states have different requirements, which is why you will want to consult with an attorney who is skilled in dealing with end-of-life affairs. Give It All Away While You’re Still Here If you really don’t want there to be any controversy surrounding a will or other similar documents upon your death, make it a point to give away as much of your property as you are comfortable with while you are still alive. The downside to this is that if you live longer than expected, you will be without the comforts the property in question provided. Giving away a large amount of property while still alive may also trigger a federal gift tax. It’s best to sit down with an attorney a skilled probate attorney to decide which property should be given away now and which can be handled after you are gone. Probate can be a lengthy process that puts a lot of stress on your loved ones, who will likely already be reeling from your death. If you want to help control the situation, even from the grave, make it a point to talk with a probate attorney, like those at Flaccus Law, while you are still alive so that you can set up specific...

Read More

3 Things You Need For A Personal Injury Lawsuit

Posted by on Aug 6, 2015 in Uncategorized |

There are lawsuits filed every single day. Many people wonder if an accident that they have been in merits a lawsuit. It can be hard to know if you have a good personal injury case. Here are some things that you will need to prove fault in a personal injury lawsuit. 1. Care Of Duty It is important that in any accident there is a care of duty. This means that the person who is at fault has to have some sort of duty to the person they injured. There can’t be any fault if the “faulted” individual had no responsibility to care for the other person’s safety. For example, if someone trespasses on your property and slips and falls on the ice on your driveway, you probably won’t be held at fault. This is because you owe nothing to that person. However, if you hosted a dinner party where you invited people on your property and you didn’t shovel the driveway so that it was dangerously slippery and someone slipped, you could be seen as faulted. It is important that before any personal injury case is filed that there was an obvious breach of duty. If there was no duty to the plaintiff to begin with, then there is no negligence and no personal injury case. 2. Proximate Cause   Proximate cause means that the injuries from the accident were actually caused by the accident. Naturally you would assume that someone who was hit by a car would be injured and that the injuries were the fault of the driver. However, assume that the person who was struck by the car was a child and the parent of the child was watching. While watching the parent suffered a heart attack from the stress. Because the heart attack was caused by the accident, although not directly, the hospital bills for the heart attack could be covered in the lawsuit. 3. Monetary Damages In any personal injury lawsuit there has to be damages. This means that the person who was harmed in the accident had to experience some sort of pain that could be quantified monetarily. For example, if you slipped and fell on ice, but there were no injuries that required medical care, no clothing was ruined, but it was just painful or stressful, you may have a hard time proving damages. Although, in some cases you can get money for pain and suffering, the damages are usually proven through monetary means.   These are three things that you need for a personal injury lawsuit.  To learn more, contact a law firm like Tarkowsky & Piper Co....

Read More