When you consult a personal injury lawyer near Tracy or Manteca, he or she may discuss the possibility of a settlement. Your lawyer can negotiate a favorable settlement on your behalf. If you accept the settlement offer, it means that you agree not to pursue litigation in exchange for a certain sum of money. You are not legally bound to accept a settlement. If you reject the settlement offer, your personal injury lawyer can take the other party to court.

For more information about personal injury settlements, watch this brief video and consult your injury lawyer. The professional featured here explains that a personal injury settlement can compensate injury victims for their medical expenses, lost wages, and pain and suffering.

A properly drafted will should designate a person to serve as the executor of the estate. In some cases, a will names two people to be co-executors or the document may designate an alternate executor. If you have been asked to serve in this capacity, it’s a good idea to consult a lawyer in Tracy or Manteca. An estate planning attorney can help you understand exactly what your responsibilities will be.

Filing the Will

When an individual dies, his or her will must be filed with the local probate court. The court will determine the validity of the document. The court will also need the death certificate and the petition for probate.

Notifying the Beneficiaries

The document will identify one or more beneficiaries, also known as heirs. It’s the executor’s job to locate the beneficiaries and mail notices of the probate to each of them. Likewise, you’ll need to provide notice to each of the decedent’s creditors.

Identifying and Managing Assets

During the probate process, it’s the responsibility of the executor to safeguard the estate property. You may need to open an estate bank account and obtain an IRS identification number. You’ll need to track down each of the decedent’s assets, including bank accounts, investment accounts, and real property. Prepare a complete inventory of the estate assets, including professional appraisals as necessary.

Satisfying Liabilities

It’s common for individuals to die with outstanding debts. It’s your job to identify all of these liabilities and use the estate assets to satisfy them. You’ll also need to close open accounts, such as credit cards, and cancel outstanding contracts or leases.

Distributing Assets

Once the decedent’s debts have all been satisfied, it’s time to distribute the remaining assets in accordance with the specifications of the will. First, you’ll need permission from the court to distribute the assets. Obtain and save receipts for the transfers of all of the assets. You’ll need to file these receipts when you request that the court officially release you from your duties as an executor.

Traumatic brain injuries (TBIs) can cause significant deficits across multiple areas of functioning. Patients with severe TBIs often require intensive therapy, including speech therapy. It’s important for these patients and their families to contact a lawyer in Tracy or Livermore as soon as possible. A personal injury lawyer can help families recover compensation to pay for these essential therapies.

When you watch this video, you’ll learn more about speech therapy and the importance of having an injury lawyer seek compensation on your behalf. The speech therapist interviewed here explains that the recovery process is unique to each patient; it’s difficult to predict exactly how long a patient will be in therapy. The attorney may need to consult the speech therapist regarding the patient’s anticipated future therapy needs.

When drafting your last will and testament in the Tracy or Manteca area, you may wish to bequeath gifts to your loved ones. Unfortunately, not every heir makes wise financial decisions upon receiving an inheritance. There are ways of attaching conditions to inheritances that dissuade heirs from squandering their newly acquired assets. Talk to your attorney about this approach when you draft your last will and testament.

Your lawyer may suggest moving assets into a trust. You can then appoint a responsible trustee to distribute the assets to your heir in a fiscally prudent manner. The trustee will have the final word on whether to accept or reject the heir’s spending requests, although you can provide guidance on this matter. Another option is to establish a regular flow of money from the trust to the heir. For example, the heir could receive a certain percentage at age 18, another payment at age 21, and so on. You can even attach incentives to the inheritance. A trust may only make payments when the heir enrolls in college, graduates from college, or completes an addiction recovery program, for example.

Every adult can benefit from seeking estate planning guidance, but for blended families, it’s particularly important to consult a will lawyer in Tracy or Livermore. Blended families pose unique challenges to estate planning. A second marriage may mean that children from the first marriage are inadvertently disinherited, for example. The situation can become even more complicated when an adult child of a blended family has multiple remarriages. Since every family’s situation is unique, it’s best to seek personalized advice from an experienced estate attorney.

Reviewing Beneficiary Designations

One suggestion your estate planning attorney may make is to review all of your beneficiary designations. Beneficiary designations are significant because not all assets pass through probate. Some, like life insurance policies, are left to the beneficiary as designated on the policy documents; the last will and testament cannot overturn this designation. If you remarry, you may wish to remove your ex-spouse as a life insurance beneficiary and instead designate your current spouse.

Itemizing Family Heirlooms

Family heirlooms and other items of sentimental value can become a point of contention in probate disputes. Children from a former marriage may feel excluded when the most recent spouse and youngest children select items they wish to keep. It’s a good idea to have a discussion with each heir about the family keepsakes that matter most to him or her. The youngest child may want the family piano, for instance, while an adult child might prefer to inherit the family history records. Listing these items and designating an heir for each when drafting the will is an effective way to curb future disputes.

Considering Premarital Agreements

There are limits as to what premarital agreements can accomplish with regard to estate planning. However, some blended families may have a concern that the long-term care needs of a new spouse may deplete the family inheritance. A premarital agreement prior to a remarriage can specify the obligations of each spouse to pay expenses and maintain insurance coverage for long-term care needs.

Dog bite law varies from state to state. It’s advisable to consult a personal injury lawyer in Tracy or Livermore to learn how the laws will apply to your particular case. Your personal injury lawyer will ask you some questions and review any available evidence to determine if you were bitten by someone else’s dog on public property. If you were bitten on private property, you may still have a case as long as your personal injury lawyer can prove that you had a lawful right to be there.

California is a strict liability state regarding dog bite cases. This means that your injury lawyer must prove that the dog did indeed inflict damages, but does not need to prove that the owner had previous warnings that the dog would behave aggressively. Even if the dog has never bitten anyone before, the dog owner could still be held liable for the medical bills and other damages.

Seasoned personal injury lawyers can help clients secure compensation for their losses after an auto accident. However, there are certain steps you should take and mistakes you should avoid in the wake of the crash. Avoiding these common mistakes can help your lawyer in Tracy or Livermore substantiate your claims and obtain a favorable outcome for you.

Making a “Gentleman’s Agreement”

Some negligent drivers may try to make an oral agreement with you regarding compensation for your losses. This is never a good idea, since it usually means that the other driver lacks insurance. You should always contact the local law enforcement agency and report the accident. Your lawyer will need a copy of the accident report.

Failing to Collect Evidence

It can be difficult to think clearly after someone has struck your vehicle. You’ll be preoccupied with getting the vehicle to a safe place off the road and checking on the welfare of your passengers. But after these steps are completed and you’ve called for emergency responders, it’s absolutely essential to collect certain information. Your injury lawyer will need basic information such as the other driver’s full name, contact information, license plate number, and make and model of the vehicle. However, you should also write down a list of all witnesses, including the passengers, and request a written statement and contact information from any bystanders. Take photographs of the crash site, the damaged vehicles, and the injuries, if applicable. Be sure to take pictures of traffic signs or lights, skid marks, and similar features. As soon as possible, write down your recollections about what happened before, during, and after the crash.

Delaying a Medical Evaluation

Another common mistake is failing to get medical attention promptly. Not all injuries from auto accidents are immediately apparent. The adrenaline from the crash can mask the symptoms of internal damage. Delaying medical care can affect the outcome of your recovery. Additionally, the other party can try to argue that your injuries could not have been serious or were not caused by the crash simply because you delayed medical care.

When most people think of wills and estate planning, they think of money and real estate, but in reality, some of the most contested items may be things of sentimental value. Your will lawyer in Tracy can help you decide the best way to give away sentimental items when you prepare your will.

For some people, it makes sense to give away sentimental items now, rather than allowing them to be distributed after your death. You get to see people enjoy the gifts, and you can prevent any squabbling between relatives. You may also find out that what people are sentimental about it not what you think. If your will lawyer suggests putting items in the will instead, he or she will encourage you to be as specific as possible. For instance, simply saying that all of your belongings go to your children leaves the door open for disputes over who gets which belongings. Your attorney may also help you create a framework for settling disputes, such as setting up a bidding system your heirs can use if more than one person is adamant about getting an item.

The creation of wills is only one step in the estate planning process. When you consult an estate planning lawyer near Tracy or Manteca, you will be asked to designate an executor . The executor is the person who is charged with the task of identifying assets, satisfying liabilities, and distributing assets to beneficiaries in accordance with the will. Finding the right executor can be challenging because, as you’ll learn when you watch this video, executors have difficult tasks to manage that can take months or even years to complete.

Ideally, you should choose someone to manage your estate who has a background in finance or at least is comfortable handling financial matters. Choose someone who is reasonably intelligent and detail-oriented. The expert in this video also explains the surprising reason why it’s advisable to select an executor who has substantial personal assets.