Category: Legal

What Estate Planning Attorneys Do and Why You Need One

Estate planning is the process of preparing for the transfer of your assets and property after your death. It involves creating legal documents such as wills, trusts, and powers of attorney that specify how you want your estate to be distributed and who will manage it on your behalf. Estate planning also aims to minimize the taxes and fees that your heirs may have to pay when they inherit your estate.

Estate planning attorneys are lawyers who specialize in helping people create and execute their estate plans. They have the knowledge and experience to advise you on the best strategies and tools for your situation, taking into account your goals, family dynamics, assets, liabilities, and state and federal laws. Estate planning attorneys can help you with the following tasks:

  • Drafting a will: A will is a document that states who will inherit your property and assets, who will be the executor of your estate, who will be the guardian of your minor children, and any other instructions you have for your estate. A will is essential for ensuring that your wishes are followed and that your heirs avoid unnecessary conflicts and expenses.
  • Creating a trust: A trust is a legal entity that holds and manages your assets for the benefit of yourself or your beneficiaries. A trust can help you avoid probate, reduce estate taxes, protect your assets from creditors and lawsuits, and provide more control and flexibility over how your assets are distributed. There are many types of trusts, such as revocable trusts, irrevocable trusts, living trusts, testamentary trusts, special needs trusts, and charitable trusts. An estate planning attorney can help you decide which type of trust is best for you and draft the trust agreement.
  • Establishing powers of attorney: Powers of attorney are documents that authorize someone else to act on your behalf in financial or medical matters if you become incapacitated or unable to make decisions for yourself. A financial power of attorney allows someone to manage your bank accounts, pay your bills, file your taxes, and handle other financial affairs. A medical power of attorney allows someone to make health care decisions for you, such as consenting to treatments, choosing doctors, and accessing your medical records. An estate planning attorney can help you choose the right agents for these roles and prepare the documents according to your state’s laws.
  • Planning for taxes: Estate taxes are taxes that are imposed on the value of your estate when you die. Depending on the size of your estate and where you live, you may have to pay federal estate taxes, state estate taxes, or both. Estate taxes can significantly reduce the amount of money that your heirs receive from your estate. An estate planning attorney can help you find ways to reduce or avoid estate taxes by using strategies such as gifting, charitable donations, life insurance, trusts, and marital deductions.
  • Updating your plan: Estate planning is not a one-time event. You should review and update your plan regularly to reflect any changes in your life circumstances, such as marriage, divorce, birth of children or grandchildren, death of a spouse or beneficiary, relocation to another state, acquisition or loss of assets, or changes in tax laws. An estate planning attorney can help you keep your plan current and valid.

If you want to ensure that your estate is handled according to your wishes and that your loved ones are protected from unnecessary stress and costs after you pass away, you should consult with an estate planning attorney as soon as possible. An estate planning attorney can help you create a comprehensive and customized plan that meets your needs and goals.

To find an estate planning attorney near you, you can use online directories such as FindLaw or contact local bar associations for referrals. You can also ask for recommendations from friends, family members, or other professionals who have used estate planning services before.

If you live in Florida or have property there, you may want to look for a Florida estate planning attorney who is familiar with the specific laws and regulations that apply to estates in Florida. For example, if you live in The Villages or nearby areas, you may want to hire an estate planning lawyer or probate attorney who serves The Villages community . A Florida estate planning lawyer or probate lawyer can help you navigate the complex and unique aspects of Florida estate planning law.

How to Choose an Estate Planning Attorney in Florida

If you live in Florida and want to plan your estate, you may be wondering how to find a qualified and trustworthy estate planning attorney. Estate planning is a complex and important process that involves making decisions about your assets, your beneficiaries, your health care, and your legacy. You need an attorney who can guide you through the legal aspects of estate planning and help you achieve your goals.

There are many estate planning attorneys in Florida, but not all of them are equally experienced, knowledgeable, or reputable. How can you tell which one is right for you? Here are some tips to help you choose an estate planning attorney in Florida:

  • Ask for referrals. One of the best ways to find a good estate planning attorney is to ask for recommendations from people you trust, such as your family, friends, colleagues, or financial advisors. They may have worked with an estate planning attorney before and can share their experiences and opinions with you.
  • Do your research. Once you have a list of potential estate planning attorneys, do some background research on them. You can check their websites, online reviews, ratings, testimonials, and credentials. You can also contact the Florida Bar Association and the local bar associations to verify their license status and disciplinary history.
  • Schedule a consultation. Most estate planning attorneys offer a free or low-cost initial consultation to discuss your situation and needs. This is a great opportunity to meet them in person, ask questions, and get a sense of their personality and style. You want an estate planning attorney who is professional, courteous, attentive, and responsive. You also want someone who can explain complex legal concepts in simple and clear terms and who can tailor their services to your specific needs and preferences.
  • Compare fees. Estate planning attorneys may charge different fees depending on their experience, reputation, location, and the complexity of your case. Some may charge a flat fee for certain services, while others may charge an hourly rate or a percentage of your estate value. You should ask for a written fee agreement that outlines the scope of work, the deliverables, the timeline, and the payment terms. You should also compare fees among different estate planning attorneys to find one that fits your budget and offers value for money.

Choosing an estate planning attorney in Florida is not a decision that should be taken lightly. You want someone who can help you protect your assets, your loved ones, and your legacy. By following these tips, you can find an estate planning attorney who can meet your needs and expectations.

How to Find the Right Bankruptcy Lawyer in Charleston

If you are struggling with debt and considering filing for bankruptcy, you may be wondering how to find the right bankruptcy lawyer in Charleston. Bankruptcy is a complex and serious legal process that can have lasting consequences for your financial future. You need a lawyer who has the experience, knowledge and skills to guide you through the process and protect your rights and interests.

Here are some tips on how to find the right bankruptcy lawyer in Charleston:

  • Ask for referrals. You can start by asking your friends, family, co-workers or other trusted sources if they know any good bankruptcy lawyers in Charleston. You can also check online reviews, ratings and testimonials from previous clients of different lawyers. This can help you narrow down your options and find lawyers who have a good reputation and track record.
  • Do your research. Once you have a list of potential lawyers, you should do some research on their background, qualifications and credentials. You can check their websites, social media profiles, blogs and other online sources to learn more about their practice areas, experience, education and awards. You can also verify their license status, disciplinary history and malpractice records with the South Carolina Bar Association and the American Bankruptcy Institute.
  • Schedule a consultation. The best way to find out if a lawyer is right for you is to meet them in person and discuss your situation. Most bankruptcy lawyers offer free initial consultations where you can ask them questions about their fees, services, availability and approach. You can also get a sense of their personality, communication style and professionalism. You should look for a lawyer who listens to you, understands your goals and expectations, explains your options clearly and honestly, and makes you feel comfortable and confident.
  • Compare and choose. After meeting with several lawyers, you should compare them based on their qualifications, experience, reputation, fees and rapport. You should choose a lawyer who meets your needs, preferences and budget. You should also trust your gut feeling and go with the lawyer who feels like the best fit for you.

Filing for bankruptcy is not an easy decision to make, but it can be a way to get a fresh start and regain control of your finances. However, you need a competent and compassionate bankruptcy lawyer in Charleston to help you navigate the process and achieve the best possible outcome. Follow these tips to find the right bankruptcy lawyer in Charleston for your case.

The Difference Between Bankruptcy Lawyers and Bankruptcy Attorneys

If you are struggling with debt and considering filing for bankruptcy, you may be wondering whether you need a bankruptcy lawyer or a bankruptcy attorney. While both terms are often used interchangeably, there are some differences between them that you should be aware of.

A bankruptcy lawyer is someone who has a law degree and is licensed to practice law in your state. A bankruptcy lawyer can advise you on your legal rights and options, help you prepare and file your bankruptcy petition, represent you in court and at creditors’ meetings, and handle any issues that may arise during your case.

A bankruptcy attorney is someone who specializes in bankruptcy law and has extensive experience in handling bankruptcy cases. A bankruptcy attorney can offer you more in-depth guidance and representation, especially if your case is complex or involves multiple creditors, assets, or debts. A bankruptcy attorney may also have more knowledge of the local rules and procedures of the bankruptcy court in your district.

Whether you need a bankruptcy lawyer or a bankruptcy attorney depends on your specific situation and goals. In general, if your case is relatively simple and straightforward, you may be able to get by with a bankruptcy lawyer who can handle the basics of your case. However, if your case is more complicated or involves any disputes or challenges from creditors or trustees, you may benefit from hiring a bankruptcy attorney who can protect your interests and advocate for you more effectively.

If you are looking for a qualified and experienced bankruptcy lawyer or attorney in Charleston, South Carolina, you can contact us today for a free consultation. We have helped thousands of clients achieve debt relief and a fresh start through bankruptcy. We can help you too.

Quadriplegia in Personal Injury Cases

Quadriplegia refers to a spinal cord injury that results in paralysis of all four limbs – both legs and both arms. Sometimes also called tetraplegia, this is usually the result of injury to the cervical spine (neck).

These injuries frequently occur from car, motorcycle, sports, and construction site accidents, but they can also happen as a result of medical negligence. When the paralysis is the result of someone’s negligence, a lawsuit may be filed for damages against that party.

Paralysis is more complex than most people realize. Depending on which vertebrae in the spine was injured and the amount of nerve damage from the injury, the paralyzed person may not be able to breathe without the assistance of ventilator. Generally, the higher the spinal injury in the neck, the worse the damage.

These individuals may have some facial control and be able to speak to some degree, but they will be permanently wheelchair-bound. This, in and of itself, poses a problem, as the weight of sitting causes pressure sores to develop on the buttocks. If the skin breaks down where these sores develop, bacteria can enter and cause sepsis – bacteria in the blood. Permanent catheters and feeding tubes can also introduce bacteria when they are changed, causing sepsis, a condition that can be fatal.

The amount of personal care that a quadriplegic requires throughout his or her life is astronomically expensive. Equipment is required so that the individual can function with as much quality of life as possible, but this individual will not be able to care for himself or herself without help.

Because quadriplegia means little function and no sensation below the neck, the body’s internal functions may also be affected. Quadriplegia can lead to problems with the respiratory system, cardiovascular system (including the formation of blood costs), kidney and bladder, digestive system, and organ failures. These people are also at risk of developing osteoporosis.

The kinds of expenses that a plaintiff (injured party in a lawsuit) with quadriplegia may incur include:

• Expenses of surgery (sometimes multiple surgeries) and other medical care for the remainder of the plaintiff’s life, including physical therapy, psychiatry, neurology, orthopedics, urology, gastroenterology, dermatology, rehabilitation, and more.

• Home care/home nurse costs.

• Medication costs.

• Changes to the residence to accommodate wheelchair access and other disability requirements.

• Equipment, such as wheelchair, ramps, guardrails, grab bars, roll-in shower, power doors, standing frame, voice-activated communication system, special beds and mattresses that reduce pressure, home exercise equipment, transport devices, and more.

Quadriplegia Lawsuit Examples

One case example involves a baggage handler at an airport who was struck by a baggage tractor hood when the jet engine’s backwash caused the hood to lift. His cervical spine was fractured, leaving him quadriplegic. It took years for the case to go to trial, but when it did, the jury found that the manufacturer of the baggage tractor and the airline were both at fault. The airline was found to be 70% responsible, while the jury determined that the manufacturer was 30% responsible.

The jury found that the manufacturer should have warned users of the tractor that the hood could swing up. The defendants (the manufacturer and the airline) tried to appeal the award amounts, but those amounts were affirmed by the appeals court.

A medical malpractice case involved a man who had surgery on his spinal cord to remove a tumor. When he developed post-surgical pain, his surgeon could not see him right away for a check-up. As a result, the blood clot that was causing his pain initiated nerve damage that left him a quadriplegic. He sued the surgeon and won.

In another case, a man working on a construction site became a quadriplegic when a vehicle rolled over on top of him, crushing portions of his body. He was in the hospital for months and had to undergo multiple surgeries. His lawsuit was with the construction company for insufficient oversight of the work.

When a woman tripped and fell down stairs that had no rails, she fractured her spine because she was unable to grab onto anything to stop her fall. She was quadriplegic as a result, and she sued the owners of the building.

Another case involved product liability. When a car was involved in a collision and rolled over, the roof of the car collapsed, injuring the spine of the one of the passengers, which resulted in quadriplegia. The case went to trial, and the plaintiff was awarded more than $20 million.

While the lawsuits are still pending after the Metro-North train derailment in New York State in 2013, at least one passenger was left a quadriplegic. Certainly, negligence was involved in that accident, and the personal injury claims will be many and for large sums.

Another pending case involves the New York Police Department, which is accused of using excessive force when officers arrested a teenager for not paying subway fare. This will be a difficult case for the family to prosecute because the teen, who was a quadriplegic after the accident, subsequently died from his injuries. Police claim that he ran and was hit by a train, which caused his injuries, while the boy, before his death, told his family that he was not hit by a train. He claimed that his injuries were caused by the excessive force used by the officers. The boy survived for two months on a ventilator.

As you can see, these cases can become enormously complex, and proving fault is often far from cut and dry. Even when a defendant concedes responsibility and does not dispute the extent of the plaintiff’s injuries, that defendant will often appeal a verdict to try to lower the amount of the award.

Best case scenarios are when a case is able to be settled out of court, as going to trial is always an expensive proposition. When the parties can agree to an amount without proceeding to court, legal costs are reduced, and the time spent to reach a settlement is shorter. In order to come to a settlement agreement out of court, however, the plaintiff often has to accept a smaller amount of money for damages. Going to court is always a risk, however, since there is no way to know whether it will be the plaintiff or the defendant who will prevail with a judge or jury.

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