Consulting with Estate Planning Attorneys on the Finer Points of a Will

Posted on Posted in Legal

When it comes to handling the affairs of someone who has passed away, it’s important to have things go as smoothly as possible. That’s why when a person is making up a will or updating their will, the services of estate planning attorneys are a good thing to have. There are many things that can be included in a will that make the probate process and the execution of a will much easier.

Naming an Executor

First of all, a person will want to name an executor of their estate upon their death. With this clearly defined, getting the courts to officially name an executor will be a mere formality and will discourage any challenges and render them irrelevant.

No Bond Required

It is also important to add a no bond clause to a will. In many states, an executor of an estate may have to take out a bond of a certain dollar amount as directed by the courts. This is a guarantee that any financial losses incurred to the estate by the executor are recoverable. In these cases, if the decedent is comfortable with their estate executor and has trust that they will do the right thing, estate planning attorneys will typically advise for a no bond requirement in the will. This will relieve the executor or the estate from the added cost of securing a bond.

Authorizing an Executor to Pay Creditors and Sell Estate Property

Probate will typically stay open for at least 6 months to give creditors a chance to come looking for payment. In these instances, these petitions for payment must go through the courts. However, if a will includes authorizations under the Independent Administration of Estates Act, this allows an executor to pay creditors without gaining permission from the courts. In addition, if … Read More ...

When to Hire a Miami Truck Accident Lawyer

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With so many vehicles on the road, it is necessary for drivers to remain on constant alert and take the time to observe the vehicles around them. Unfortunately, accidents are sometimes unavoidable, especially if people consider potentially reckless and negligent drivers. Finding the right Miami Truck Accident Lawyer for these types of cases is very important.

Experience in truck accidents

Truck accidents are very complex, especially when dealing with large companies and their legal teams. By hiring an experienced lawyer, you will be more likely to get a favorable outcome because they will know what to look for, what regulations may have been violated and what the causes of the accident may be. In collisions involving large commercial vehicles, the results can be devastating, causing significant injuries to the victims.

Choosing a winning attorney is also important. Experience is very important in these types of cases, but you also need to make sure that the case is handled by an attorney that has a history of claiming compensation for injured victims. Make sure that they have helped individuals obtain fair compensation in a timely manner.

Viable attorney-client relationships are important

One of the most important things to remember is that maintaining a good relationship with a hired lawyer is crucial to the success of the case. Communication is crucial for successful results, which means you need a lawyer who can answer any and all questions and keep you informed about the status of the case. This includes being available to you at all times.

Hiring a personal injury attorney

Have you been involved in a car accident in Miami? Were you injured as a result of this collision? Unfortunately, this is a situation that occurs frequently and leaves people crippled with severe injuries and pain because of the negligence of … Read More ...

Reasons to File Complaints About Nursing Home Care

Posted on Posted in Legal

A rest home, nursing home or care facility can be held liable when an act of neglect or abuse causes harm to a patient. That means that the victim and his or her family can hire a lawyer who handles complaints about nursing home care. Below, readers can learn how these suits arise, and how they’re handled by nursing home neglect lawyers.

Failing to Keep the Environment Reasonably Safe

When there are dangers that a facility and its staff should be aware of, and those dangers cause injury to a resident, a claim can arise. These dangers can include anything from slip and fall accidents to the likelihood of one resident attacking another.

Negligent Hiring and Supervision

If a facility hires an employee who abuses, neglects or intentionally harms a resident, it can be held liable for the failure to supervise and train employees. Negligent supervision can also come into play when a resident falls or injures themselves. In these cases, a lawyer can determine whether the home’s negligence played a role in the resident’s injuries.

Failing to Provide Medical Care

Facilities must provide treatment that’s in line with the standard of care in similar circumstances. When poor care harms a resident, the family may be able to file a claim against the facility and the professional providing the treatment. Consult a nursing home lawyer for legal advice.

Standard-of-Care Regulations

If a facility accepts Medicare, it must follow Federal rules on the standard of care. Facilities must remain as free of danger as possible, and residents must be adequately supervised and assisted. If a nursing home does not comply with these rules and a resident is harmed as a result, the facility may face legal action.

An Attorney Can Help Victims Prove a Facility’s Liability

When a nursing home … Read More ...

5 Important Reasons to Hire a Real Estate Lawyer

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Buying a home is an exciting occasion, and for most people, it’s the biggest purchase they’ll ever make. Due to the rules and regulations involved, it can also be one of the most confusing. Even if the state doesn’t require it, hiring a real estate lawyer makes sense for the reasons below.

Saving Money

One of the biggest benefits of hiring an attorney is that the buyer or seller has someone to represent their interests. Most real estate lawyers combine their services for discounted fees. For instance, many lawyers who also have real estate licenses can act as an agent while protecting the client’s interests.

Peace of Mind

Some real estate agents know how to solve problems on the fly, and they excel at contract negotiations. However, they can’t make legal judgments. When someone hires a real estate attorney, they get a powerful negotiator with legal experience, which can provide additional reassurance during a purchase or sale.

Solving Complex Problems

When a complex issue arises, such as a partnership purchase or a probate case, a real estate attorney’s help can prove invaluable. These lawyers are well-equipped to handle issues with HOAs, and they can review contracts to ensure fairness on all sides.

Simple Shopping

Many real estate lawyers are closely affiliated with title companies, and some work as title agents. Find an attorney who can act as a closing agent; this saves time and money while providing reassurance that the property is free of judgments, liens and other encumbrances.

A Lesser Risk of Legal Action

Hiring a real estate attorney is not a legal requirement in some areas. However, without a lawyer’s help, a buyer or seller is more likely to be sued by the other party. Title issues and home inspections require full disclosure, and it’s the attorney’s job … Read More ...