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Are there resources beyond legal help for victims and families impacted by traumatic brain injuries?

A traumatic brain injury (TBI) can change every aspect of life for the victim and his or her family and caregivers. The financial, emotional, social, and occupational impacts are not always predictable. While finding competent legal counsel is significant, it's not the only resource that you may need when you're facing a TBI.

Addressing Depression

Feelings of depression are common after a TBI, and they may set in days, weeks, months, or even years after the injury. Victims often describe feelings of sadness or hopelessness that they experience when facing changes in day-to-day life as a result of the injury. Depression may also be the result of chemical changes in the brain after the injury.

For some patients, depression is alleviated by finding a new and consistent daily routine to cut down on feelings of confusion. Repetition means familiarity, which reduces frustration. Also, adjusting expectations is helpful. The victim and caregiver may need to allow more time for routine tasks and plan for breaks, at least temporarily. Avoid background noise like television or radio so that the victim can focus more clearly without distraction.

While some level of depression is common and may resolve on its own, caregivers should watch for signs of suicidal thoughts, withdrawal from things the victim once enjoyed, and depressed mood that goes on for weeks. The best resource for dealing with post-TBI depression is the treating physician, who may prescribe medication along with therapy. Reaching out to support groups in your area can also help alleviate depression and feelings of isolation.

Exploring Assistive Devices

As the victim of a TBI begins to establish a new routine, he or she may find that some daily tasks require assistive devices. While some of these devices involve a great deal of technology, they can be as simple as a calendar or a sticky note. Here are a few tools that might be helpful:

Visual impairments: Voice recognition programs for use with a computer

Reading aids: Pageturners and pencil grips

Physical activities: Lightweight wheelchairs

Communication: Phone applications function as voice recorders, interactive calendars, and dictation

While you can find many of these tools through a simple online search, your doctor can help connect you with resources that might require a prescription. If you need help identifying resources in your area for victims of traumatic brain injury, consult your legal counsel. Often brain injury lawyers, like brain injury lawyers in Phoenix, AZ, maintain a database of resources to assist clients with putting their lives back together.

Thanks to Kamper Estrada, LLP for their insight into some of the resources that TBI victims can use to help them in their everyday lives. 

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Do I Need A Living Trust?

Wondering if you need a living trust? A lot of people think estate planning is only for the rich and old, but that’s just not true. Experienced attorneys understand that estate planning is about helping, protecting, and providing for yourself and your family for generations to come. One of the best ways to do so is with a living trust.

Do I need a Living Trust?

An estate planning lawyer might recommend a Living Trust if:

You have a lot of assets

You own property (especially in more than one state)

You have young children

You have an extended family

What is a living trust?

When someone creates a living trust, they are known as the “Grantor”. A living trust is an entity created during the Grantor’s lifetime to hold and manage assets. After the Grantor’s death, the assets can be distributed directly to the Grantor’s beneficiaries without having to go into probate. There are two types of living trusts:

Revocable: A living trust can be revocable, which means assets are transferred into the name of the trust, but the Grantor retains the title and ability to alter them. A revocable living trust can be changed or revoked right up until the Grantor’s death. Revocable living trusts are the most common.

Irrevocable: A living trust can also be irrevocable, meaning the Grantor relinquishes all their control and interest in assets to the trust. Once the trust retains title to the assets, the Grantor can no longer change or revoke anything.

What are the advantages of a Living Trust?

There are many benefits to having a living trust, including the following:

Avoid Probate: Living trusts are usually not subject to the lengthy, expensive, and public probate process.

Less Stress: Avoiding probate will relieve your loved ones of undue stress.

Successor Trustee: You have the authority to name the person(s) who will be in charge of your estate after your death.

Incapacity: You have the authority to name the person(s) who will act for you in the event you are incapacitated.

There are many benefits to having a living trust in place, ultimately it is up to you to decide what is best for you and your loved ones.

How do I make a living trust?

If you’ve decided a living trust is the right option for you, you will need to hire an attorney. Cheaper online methods of creating a living trust do exist, but hiring a professional is the best way to ensure that: 1) your assets are truly protected, 2) the trust follows current law, and 3) that your wishes are carried out legally and correctly. Many experienced estate planning attorneys also offer additional services like financial planning and trust administration.

If you are looking to set up a living trust, give an estate lawyer in Phoenix, AZ a call today. 

Thanks to the law offices of Kamper Estrada, LLP for their insight into estate planning and living trusts.

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Hit By A Car: What To Know As A Pedestrian

Whether you’re out walking the dog, getting some cardio, commuting to work, or just enjoying the scenery, nothing spoils your walk faster than an encounter with a car. If you’re hit by a car as a pedestrian, here’s what you need to know.

WHAT TO DO IMMEDIATELY 

Like any car accident, there are some basics steps to always follow:

1. Stay at the Scene. If you can, move yourself out of the street and harm’s way. But don’t stray too far from the scene. If you can, make sure the driver stays at the scene as well.

2. Call 911. The police will come and make a report.

3. Stay Calm. Accidents are scary, but angry yelling will never be useful in this situation.

4. Don’t Apologize or Admit Fault. Do be honest when giving a statement to the police but avoid phrases like “It was all my fault”. Such statements may damage any potential insurance claim

5. Gather Evidence. Gathering evidence is a big step in the process of making a legal claim, try to obtain the following:

a. The other’s driver’s information

b. Photos/videos

c. Witnesses

d. Police/Accident Report

6. Seek Medical Treatment. Get examined by a medical professional right away, whether that is a paramedic on the scene, your primary care doctor, or a trip to the hospital in an ambulance. The most important thing is your health and well-being. 

MAKE A PERSONAL INJURY CLAIM

When a car strikes a pedestrian, the driver of the car is often found to be at-fault. If you decide to pursue a claim, you would most likely sue the driver for negligence. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Under this sort of claim, you would need to prove the following:

1. Duty: The driver owed you a duty to drive responsibly and safely.

2. Breach of Duty: The driver breached that duty when they ended up hitting you.

3. Causation: The driver’s breach of duty caused the collision.

4. Damages: You suffered a personal injury as a result.

DAMAGES

If you were injured by a car and decide to pursue a personal injury claim, what you are really seeking are “damages”. Damages is a legal term for money awarded to a party in a lawsuit. You might be able to collect damages for:

• Medical Bills

• Therapy bills

• Lost wages (calculated from your salary)

• Physical & Mental Pain and Suffering

• Property Damage

How much and what type of damages a party is awarded depends on the specific facts of each case. 

If you’ve been injured by a car as a pedestrian, contact an experienced pedestrian accident lawyer in Phoenix, AZ who can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.

Thanks to the law offices of Kamper Estrada, LLP for their insight into personal injury claims and what to know about pedestrian accidents.

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Signs Of A Brain Injury After A Car Accident

The term “brain injury” refers to the occurrence of an insult to the brain which causes damages. Brain injuries are quite different from bodily injuries, and each brain injury is unique to its cause and to the person suffering. Sometimes, brain injuries aren’t even immediately recognizable. Read on to learn how to recognize  a brain injury after a car accident. 

How Brain Injuries Happen in a Car Accident

In car accidents, brain injuries usually happen in one of two ways. Either the head experiences a concussion/contusion, or on object pierces the skull. There are many ways to sustain a brain injury in a car accident, including:

- Hitting the Windshield

- Hitting the Steering wheel

- Hitting a Window

- Hitting the Seat in Front

- Force of the Airbag

- Other flying objects inside the car hitting the head

- Being thrown from the car

Common Brain Injury Symptoms

Common symptoms of a brain injury include:

• Physical: headaches, chronic pain, fatigue, dizziness, sensitivity to light, loss of motor skills, speech impairment, disturbed sleep patterns

• Emotional: changes in behavior, changes in personality, changes in emotional expression, frustration, irritability

• Psychological: depression, anxiety, PTSD, social avoidance, uncontrollable behavior 

• Cognitive: memory loss, confusion, mental fatigue, difficulty with concentration, easily confused, impaired language communication

Personal Injury Claim with a Brain Injury 

Auto accidents are one of the top three leading causes of brain injuries. In evaluating a brain injury claim, often the most difficult task is to prove that a brain injury even occurred.  In addition, there is no normal pattern for a brain injury, everyone responds differently to such an injury, making it difficult to compare and value. To help your claim, you’ll want to make sure that evidence of the brain injury is well established. If you’ve been injured in an auto accident:

• Seek Immediate Medical Attention: this may include MRIs and CT scans

• Establish Loss of Consciousness: you don’t necessarily need to lose consciousness if you sustained a brain injury, but if you did, make sure it is documented in medical records

• Get an Early Diagnosis: this isn’t always possible, but the more you seek treatment, the sooner medical professionals should be able to diagnosis a brain injury

• Consistent Treatment: if you are experiencing any of the above-mentioned symptoms, continue to seek medical and psychological treatment

How your brain injury claim is evaluated has a lot to do with how much evidence of brain injury you can produce. 

If you think you may have suffered a brain injury due to an auto accident, contact a car accident lawyer in Central Phoenix, AZ. Experienced personal injury attorneys can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.

Thanks to the law offices of Kamper Estrada, LLP for their insight into personal injury claims and car accidents involving brain injuries.

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Are There any Federal Regulations Governing Truck Drivers?

There is a glamorized idea of the commercial truck driver’s life. No cubicle, no boss, just miles and miles of open road. The truth is, life on the road isn’t free from rules. Commercial truck drivers must adhere to many strict regulations at both the state and federal levels.

Federal Motor Carrier Safety Administration

The Federal Motor Carrier Safety Administration (FMCSA) (https://www.fmcsa.dot.gov/registration), under the United States department of Transportation, is responsible for regulating and providing safety oversight of commercial motor vehicles. Anybody who operates a Commercial Motor Vehicle (CMV) in interstate commerce must comply. A CMV is often defined as any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

2. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

4. Is used in transporting material found by the Secretary of Transportation to be hazardous and transported in a quantity requiring placarding.

Regulations

The FMCSA works with industry leaders, safety advocates, and state and local governments to create regulations for commercial motor vehicles that will make the roadways safer. Those regulations are than published in the Federal Register and compiled into the U.S. Code of Federal Regulations, which can always be viewed online (https://www.ecfr.gov/cgi-bin/text-idx?SID=e80d17a6bf53f3fc5ea7701c417275f3&mc=true&tpl=/ecfrbrowse/Title49/49cfrv5_02.tpl#0). Common regulations include:

·  Licensing Requirements: CMV drivers require a special license.

·  Hours of Service: There are limits on how long a driver can drive for, and rules on long they must rest for, which vary depending on whether the driver is carrying property or passengers.

·  Electronic Logging Devices: These devices synchronize with a CMV’s engine to record driving time.

·  Special Training & Physical Requirements: In addition to the special license training, commercial drivers must undergo physical exams every two years.

·  Driver Drug & Alcohol Testing: The regulations for drug & alcohol use are stricter than those for non-CMV drivers

·  Securing Cargo: Specific rules regulate how to load and secure cargo to prevent  it from becoming unhinged or falling off a CMV.

Why is Federal Truck Regulation Important?

Despite the FMSCA’s best efforts, CMV accidents do happen. Whether due to driver error or poor maintenance, large truck accidents can be devastating and deadly to the everyday car. Federal regulation attempts to prevent these accidents by creating nationwide rules for interstate CMV drivers.

If you or a loved one have been injured by a large truck, be sure to hire a Central Phoenix, AZ truck accident lawyer, you might be entitled to carry out legal action against the driver or truck company. 

Thanks to Kamper Estrada, LLP for their insight into personal injury claims and truck regulations.

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How to Challenge a Will

Challenging a will, also called contesting a will, is a formal objection as to the validity of a will. A will is often challenged when an interested party believes that the will is invalid in some way. Challenging a will is not an easy task, but it can be done.

Who can Challenge a Will

Only someone with “standing”, also known as an “interested person” can challenge a will. An interested person who is someone who:

1. Is named on the face of the will (a beneficiary)

2. Would benefit if the will was found invalid

Interested persons may include spouses, children, heirs, devisees, or anyone who may have a claim against the estate.

Grounds to Challenge a Will

There must be “grounds” to challenge a will. Grounds is a legal term which means that there must be a rational motive or basis for the legal action taken. This you can’t challenge a will “just because” you feel like it. Common grounds to challenge a will include:

Lack of Capacity

The law requires that the person creating a will has “testamentary capacity”. Testamentary capacity means that the person is an adult of at least 18 years old and has “the capacity in executing a will to understand the nature and extent of one's property and how one is disposing of it and to recognize the natural objects of one's bounty”.

An adult may have a lack of capacity due to dementia, insanity, or being under the influence of a substance. A will can be challenged on the grounds of lack of capacity if an interested person can show that the adult did not understand the consequences of making the will at the time the will was created.

Fraud/Forgery/Improper Influence

An interested person can challenge a will that they believe was created fraudulently, by means of forgery, or through manipulation.

Lack of Execution

Each state has their own laws, but generally a will must meet the following elements to be considered valid:

1. The will is in writing (not verbal)

2. The will is singed by the testator (the person who created the will)

3. The testator’s signature is witnessed and attested by two non-interested persons

4. The will is signed and stamped by a notary

If a will lacks any of the above elements, it becomes susceptible to challenge.

Probate court

In most states, you challenge a will by filing a petition with a probate specific court. Probate courts specialize in the assets and debts of deceased people and the issues that arise from administering their estates. The petition must be filed in a probate court that has jurisdiction of the deceased’s estate and can involve specific deadlines and rules for the challenger.

Disadvantages

More and more wills are including “no-contest clauses”. A no-contest clause automatically disinherits any person who challenges the validity of the will.  So, challenging a will just because you think your inheritance should be higher could potentially cost you all of your inheritance per the no-contest clause.

If you are considering challenging a will, contact an estate lawyer in Phoenix, AZ to learn more about the pros and cons of challenging a will.

 Thanks to Kamper Estrada, LLP for their insight into estate planning and challenging a will.

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How Does the Probate Process Work with Tenants in Common Property?

A probate lawyer can assist you and your family with the probate process as well as with estate planning tools that can help you avoid the probate process. If your significant other passed away, and you jointly owned property as tenants in common, you may have questions about who will inherit their percentage of ownership. Below is a general guideline, but there are exceptions as dictated by state laws so it’s important to speak to a probate lawyer for a more complete and accurate picture.

When is it necessary for an estate to go through probate?

The probate process is a legal one, and when it is unavoidable, it can take a while to complete and there is a cost involved. Probate transfers the deceased’s assets from their estate to the beneficiaries. It is also the time when outstanding debts and taxes are paid by the estate’s executor. If you would like to learn more about the probate process, a probate lawyer can provide additional details.

What is a tenant in common property?

This is a type of shared property ownership that’s very common. Though the ownership is shared, it may not be an equal share, however, all of the tenants have the legal right to access and use the property. In addition:

The owners of a tenant in common property have the right to sell or transfer their ownership percentage to someone else without having to get permission from the other owner.

Each tenant has the legal right to include their ownership percentage in their estate plan and can bequeath it to anyone of their choosing.

A tenant in common property type of ownership is popular for persons who are unmarried when one of the tenants invests more money into the property than the other tenant.

What is the difference between a tenant in common property and a joint tenancy?

A joint tenancy is another type of property ownership which carries rights of survivorship and because of this it can avoid the probate process. If one of the tenants passes away, their percentage of ownership automatically transfers to the property’s surviving tenant. In addition:

In a joint tenancy, the tenants own equal percentages of the property. There can be more than two owners.

The tenants cannot sell or transfer their percentage of the property without the permission of the other tenant(s).

If a tenant were to include their percentage of the property in their estate, it would not be valid.

What if the decedent’s revocable living trust holds the title of a tenant in common property?

With a revocable living trust, the decedent’s property owner percentage will transfer to their designated beneficiary as long as the property was held by the trust. (Ask a probate lawyer about the advantages of creating a revocable living trust. One of the main advantages is that most types of property held in a revocable living trust can avoid the probate process.)

If you would like to learn more about your estate planning options, contact a law firm today to schedule a consultation with a probate lawyer in Phoenix, AZ.

Call Kamper Estrada, LLP for their insight into estate planning and probate.

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Are Wrongful Death Damages Taxable?

If you lost your loved one in an accident through someone else’s negligence, then you have the right to recover financial compensation. One option that family members have is to pursue a wrongful death action. These are actions that allow survivors to bring a lawsuit against the offending party to recover for losses. This includes funeral expenses, loss of financial support, loss of companionship and loss of household services. When you file a wrongful death claim, you can recover millions of dollars. When you’re dealing with this amount of money, you may wonder about your taxes. Are the damages taxable?

Are Death Settlements Taxable?

When it comes to wrongful death settlements, the IRS considers any part of the settlement that is compensatory as non-taxable. Compensatory damages compensate the family or loved ones for losses. By this definition, you can’t call it an income and therefore it is not taxable.

The IRS does not stop its analysis there, however. In many wrongful death suits, the survivors will seek punitive damages that punish the other person for his or her conduct. These punitive damages may be substantial and will noticeably impact someone’s financial situation. When it comes to determining what part of the award might be taxable, the IRS may challenge the structure of the damages. Punitive damages are taxable.

Are There Exceptions?

When it comes to your settlement or award, there are exceptions. Not all punitive damages are taxable. Given the complicated legal matters surrounding when the IRS chooses to make punitive damages non-taxable, it’s important that you have help to navigate this area. In some states, you cannot ask for punitive damages when it comes to a wrongful death suit. In these states, none of the award is taxable. However, in states where punitive damages are allowed, you may need to learn more about the exceptions.

To lose a loved one is a difficult time. This is especially difficult when the death is caused by someone else’s negligence. When you file a wrongful death suit against someone, you deserve compensation. What you do want to make sure of, however, is that you do not end up owing the IRS more money than you initially thought you might. You don’t want to owe taxes that you didn’t prepare for. If you receive a wrongful death settlement, you need to make sure you know what compensatory damages are and what punitive damages are. To find out more about wrongful death suits and how the IRS handles your award, talk to a wrongful death lawyer in Phoenix, AZ today.

Contact Kamper Estrada, LLP for their insight into personal injury claims and how taxes are involved in wrongful death damages.

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Can Parents Sue For Wrongful Death of a Child?

A wrongful death claim is a type of civil case in which someone died as a result of another person’s negligence. Survivors of the person who died have to demonstrate that they suffered monetary loss as a result of the death. Although each state has its own laws that govern wrongful death claims, there are some general rules that can help you determine whether you have a claim or not.

Who Can File Wrongful Death Claims?

The people who can bring a wrongful death claim are usually the ones who had a close personal relationship with the deceased. In some cases, the person who files the claim is just a representative of the estate. Once the claim is settled, if financial damages are recovered, the money is distributed to the beneficiaries in accordance with a will or the probate court.

The spouse is usually the person who brings a wrongful death claim on behalf of the decedent. If the person is an adult who is not married, the claim might be brought by the children or dependent parents. Because one element of a wrongful death claim is financial loss, the person who brings the claim must demonstrate a financial impact.

Whether a parent can file a wrongful death claim on behalf of a child depends on many factors. First, if the child is an adult, the parent would have to let the spouse or children of the deceased manage any claim. If there are no children or spouse, then the parent might have to show that he or she was dependent on the adult child for support.

In the case of minor children, it would fall to the parent or guardian to file a wrongful death claim on the deceased child’s behalf. Parents might be entitled to compensation for medical bills, funeral costs, and compensation for loss of love. Depending on the circumstances, other financial damages could be awarded.

Get Legal Input

State laws often determine who can file a wrongful death claim. In some states, siblings cannot file a wrongful death claim. Some states have laws that allow domestic partners to bring a wrongful death claim.

It’s important to talk to a wrongful death lawyer who can help you navigate the process in your state. If you’ve lost a child due to negligence or wrongful behavior, you should consult an attorney to help you determine if you have a claim and what step you should take to recover damages. Contact a wrongful death lawyer in Phoenix, AZ.

Call Kamper Estrada, LLP for their insight into personal injury claims and parents suing for wrongful death damages.

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What Property Goes Through Probate?

Probate is commonly considered to be a burden on the family of the deceased. While the probate process can be complex, expensive, and stressful; the good news is that not all of a person’s assets and property must go through probate. There are ways to ensure certain assets avoid the probate process upon death.

Probate Property

Any property being distributed via the probate process is considered probate property. This can apply to both real and personal property. This does not mean, however, that each of Grandma’s individual porcelain figurines will go through probate. Most states have laws and dollar limits on what qualifies a property or asset to go through probate. Think big ticket items, like the following assets:

Real property (homes, vacant land)

Automobiles

Bank Accounts

Exception: if the above assets are held jointly, for example with a spouse, then often that property passes directly to the spouse, no probate needed.

Avoiding Probate

Primarily, any property that was owned solely in the name of the deceased will pass through probate. However, with the right planning, even those assets can avoid probate.

Account Beneficiary Designations: Many financial institutions, life insurance policies, and retirement accounts allow the owner to designate beneficiaries of the account while they are still alive. After the owner’s death, the account passes directly to the designated beneficiary and avoids probate.

Real Property Deeds: Many states allow for Beneficiary deeds or Transfer-On-Death deeds. This allows an owner of real property to execute a deed that names a beneficiary who will obtain title to the property at the owner’s death without going through probate. The deed gets recorded while the owner is still alive in the county where the real property is located.

Title Assets with Rights of Survivorship: Assets that are owned jointly with right of survivorship will pass directly to the surviving owner and avoid probate. This is a common way for married couples to hold title to real property and bank accounts.

Set Up a Living Trust: A living trust is an entity created during your lifetime to hold assets, for the purpose of distributing them after your death. Unlike a Will, living trusts are not usually subject to the lengthy legal and often expensive probate process.

If a family member of yours has recently passed, or if you want to learn more about how your family can avoid probate upon your passing, consider meeting with a probate lawyer in Phoenix, AZ. 

Contact Kamper Estrada, LLP for their insight into estate planning and the probate process. 

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CAN I FILE A PEDESTRIAN ACCIDENT CLAIM AGAINST A CYCLIST WHO HIT ME WHILE I WAS JOGGING ON A MARKED BIKE PATH?

Bike paths are a wonderful implementation, especially in big cities. However, cyclists are often not the only ones to use these designated travel lanes. Skateboarders, joggers, and casual strollers are all drawn to use these paths as well. So, what happens if you were hit by a cyclist while jogging in a bike path?

BIKE PATH DESIGNATION

Before moving forward with a claim, check to see if the path was actually designated mixed-use. Many bike paths are intended to be used for both pedestrians and cyclists. If the path you were travelling on is designated as a mixed or multi-use path, then you may be able to sue a cyclist for negligence.

WHAT TO DO

Just like with an auto accident, make sure you contact the police. Doing so will create an incident report, which can be useful if you decide to make a claim. Then, get examined by a medical professional right away, whether that is a paramedic on the scene, your primary care doctor, or a trip to the hospital in an ambulance. The most important thing is your health and well-being, and you’ll want a medical records indicating your injuries for the claim.

NEGLIGENCE

If you decide to pursue a claim, you would most likely sue the cyclist for negligence. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Under this sort of claim, you would need to prove the following:

1. Duty: The cyclist owed you a duty to ride responsibly and safely on the path.

2. Breach of Duty: The cyclist breached that duty failed to ride in a reasonable manner and hit you.

3. Causation: The cyclist’s breach of duty caused the collision.

4. Damages: You suffered a personal injury as a result.

DAMAGES

If you were injured in the collision and decide to pursue a personal injury claim, what you are really seeking are “damages”. Damages is a legal term for money awarded to a party in a lawsuit. In the case of an auto accident, a party seeks compensatory damages. As you might infer from the name, compensatory damages are intended to compensate for a loss or injury.  You might be able to collect damages for:

·   Medical Bills

·   Therapy bills

·   Lost wages (calculated from your salary)

·   Physical & Mental Pain and Suffering

·   Property Damage

How much and what type of damages a party is awarded depends on the specific facts of each case.

If you’ve been injured by a bicyclist as a pedestrian, contact an experienced pedestrian accident lawyer in Phoenix, AZ to sort out the damages you may be entitled to and to fight to make sure you receive fair compensation for your injuries.

Thanks to Kamper Estrada, LLP for their insight into personal injury claims and jogging injuries involving cyclists.

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Creating a Trust For Your Children

When people think of creating a trust or a will, they often think of older, rich people who live in mansions and own multiple businesses. However, people of different ages and different statuses can create a trust, and many parents or grandparents set up a trust on behalf of children. The reason for this would be in the event that the children inherit property while they are still minors. For example, if the grandparents die and they leave money to a minor beneficiary, they would set up a trust for their grandchild and name an adult as the trustee of the child’s trust. Attorneys would like to emphasize that while creating a regular trust can be done without the help of an attorney if that is your preference, this type of trust is often more complicated and should be done with the legal help of someone from our firm.

How do I leave money to multiple children?

If you have minor children or grandchildren and would like to leave money to more than one child, there are a few ways you can go about doing this.

Pot Trusts

Individual Trusts

Pot Trusts. A pot trust that is left for more than one child (commonly designed for siblings) can help if one of the children has more serious needs than the rest. For example, if one of the children is in an accident and they have certain medical expenses, the trustee has the authority to give certain amounts of money to help with those expenses.

Individual Trusts. On the other hand, many people prefer to split things equally or create trusts specific to the children who are beneficiaries, and when you want to do this, it makes more sense to create individual trusts for each child.

What does a trustee do in this situation?

One of the main things that a trustee does is manage the trust assets. When you are making investment choices with the assets provided, you want to ensure the investments you are making are in line with the heart of the trust. From the trust (and depending on what the trustor wants for the children’s futures), you should be able to glean whether you should make short or long term investment decisions.

Additionally, you will be choosing whether to spend money from the trust. As noted above, you will want to ensure you spend the trust money in a way that is in line with what the trust wants. Thus, if the trust says to use the money for things like health or education purposes, you can reasonably make decisions in the best interest of the child that are related to school or medical bills.

If you were named as the trustee on behalf of a minor child, or if you are a parent or grandparent creating a trust for children, you should speak with an estate planning lawyer in Phoenix, AZ as soon as possible.

Thanks to Kamper Estrada, LLP for their insight into estate planning and creating a trust for children.

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What To Have in Your Revocable Living Trust

When you are planning your estate, you want to ensure you are creating a document that outlines precisely what you want to happen after your death. However, there are many differences between the different types of documents you can create and one of the options you are likely looking at is a revocable living trust. This type of document can be valuable for someone who would prefer to avoid the probate process, and attorneys know that there are many reasons a person may prefer a revocable living trust. Do not worry about getting bogged down in the different details of this trust. They are here to go over everything with you to ensure you understand what kind of document you are creating and know exactly where your assets are going. If you have any questions regarding starting the process of writing your revocable trust or if you are in the middle of writing it and are not sure of how to proceed, please reach out to a law office at your earliest convenience.

What elements should my revocable living trust have?

As with any document that you create for estate planning, you should plan to have certain elements within it.

Declaration of Trust. This section within your trust will typically identify a property that you have that is being held for someone’s benefit. The trustee will be the one who administers the trust and its assets to the appropriate beneficiaries. This is explained in the declaration of trust.

Choosing a Trustee. One of the most important things you can do is name the trustee. Typically in a living trust, the trustor will name themselves as the first trustee. This allows them to continue managing their assets while they are still alive. Further, they will usually name successor trustees they can depend on when they become incapacitated and cannot manage their own assets or when they pass away.

Designating Beneficiaries. Upon the death of the trustor, their assets will pass on to the beneficiaries they have named. The beneficiaries will receive something specific from the trust, such as a specific asset, a certain amount of money, or even a portion of the estate. It is important to note that special provisions should be outlined for minor beneficiaries.

Do I need an attorney to create a living trust?

No, you are not required by law to have an estate planning attorney help you when you create a living trust. That said, our team of estate planning attorneys can provide you with valuable information during the creation of your revocable living trust and can ensure you do not leave out any necessary information.

If you would like to create a revocable living trust or if you would like help after starting this process, an estate lawyer in Phoenix, AZ is here to help you. For more information, please do not hesitate to call a law office. It is never too early to plan for the future.

Thanks to Kamper Estrada, LLP for their insight into estate planning and revocable trusts.

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Create Your Living Trust Now!

When you take a step back and examine what you have accomplished in life, you likely see your hard work and want to ensure that the money you have earned and your assets can go to the people you love, whether it is your spouse, your children, or other close relatives. Unfortunately, when you decide to create an end-of-life document—like a will—you may not realize that large chunks of the money you worked hard for could end up going to legal fees and probate lawyers. Thankfully, attorneys understand you want your hard-earned money going to the people you love, which is why we can help you create your living trust. This will avoid the probate process and can ensure you know where your money is going. To set up an appointment with estate planning attorneys, please reach out to a law office now.

How does it avoid probate?

When you create a will, it goes through the probate process when you die. Probate is the process where your property and assets are inventoried and appraised before anything can go to your heirs. Because there are third parties involved in this process, people are paid for their work before what you left behind goes to heirs. However, when you work with us to create a living trust, you can much more easily and quickly transfer property to people upon passing. When you do this, it cuts out the middleman, so to speak, and you can avoid the probate process altogether.

How do I create a living trust?

The first step we would do when we create a living trust is to make a declaration of trust. When you do this, you will name yourself as the trustee. This allows you to be in charge of your property during the remainder of your life. If you and your spouse choose to create a living trust together, you will both be co-trustees.

Instead of immediately transferring property to someone else when you create this trust, you transfer it to yourself so that you can still be in control of it. Further, you will outline who you wish to receive property upon your passing in this living trust. If there is any property you have chosen not to include in your living trust, you should speak with your lawyer about creating a will so that your property can go to the right people instead of having the court determine what happens to your property.

What happens once you die?

When we have your living trust in place, the person who you named as the successor trustee will take over. This means that the ownership of your trust is legally transferred to them.

While you are not legally bound to have an attorney when you create your living trust, it can help move things along quicker and ensure you have not forgotten important details. For more information on how they can help you with your living trust, please contact experienced living trust lawyers in Phoenix, AZ today.

Thanks to Kamper Estrada, LLP for their insight into estate planning and creating a living trust.

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Living Trust Basics: Do You Need an Attorney?

A living trust is a legal document that distributes your assets at the time of your death. You place your assets in a trust for your benefit during your lifetime. Then, at the time of your death, the assets are transferred to beneficiaries through a representative. This person is the successor trustee. If you’re considering establishing a living trust, you may consider hiring a lawyer. Do you need an attorney to create a living trust?

Facts About Living Trusts

If you’re considering a living trust, there are often benefits above a will. One of the benefits is that your living trust will avoid probate. If you have a will, then your estate goes through probate. Probate involves court proceedings where your assets are distributed. With a living trust, there is a faster distribution of assets. It can take a few weeks, as opposed to months or years for a will. Your trustee pays debts and distributes the assets accordingly.

In the beginning, a trust might cost more than drafting a will. Living trusts are documents that are more complicated and your assets have to be transferred through separate paperwork. Now, at the time of your death, the living trust will cost your estate less. Probate, after all, can be an expensive process.

Living trusts are not public. Everything is handled privately and for some people, this is more preferable than a will. In addition, if you have property in different states, you don’t have to worry about probate in different states.

An Attorney’s Role in Living Trusts

Now that you know a little about living trusts, there is still the question of whether you need an attorney. The answer is usually yes. As stated, living trusts are more complicated legal documents. If you have complex estate planning needs, then you should definitely consider hiring a lawyer. Now, if you only need the basics, you may be able to draft up your own living trust. However, it’s more likely that you’ll be positive that it’s done properly with the help of an attorney. Once you familiarize yourself with the basics of a living trust, you can decide if an attorney is best for you.

If you’re considering a living trust, you need to keep in mind that there are advantages and disadvantages. It all depends heavily on your financial situation and the types of assets you have. If you’re thinking about a living trust, contact the best trust lawyer in Phoenix, AZ to find out more about the process.

Thanks to Kamper Estrada, LLP for their insight into estate planning and trusts.

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What Happens When a Driver Doesn’t Have Insurance?

Car accidents are scary and stressful experiences.  A glimmer of hope and solace is offered in knowing that automobile insurance will help cover the costs of property damages and personal injuries. If you were not at fault, you can file a claim against the other party’s insurance. But what if that other party is uninsured? Despite the fact that driving a car without auto insurance is illegal in all 50 states, people still do it all the time. Fear not, there are still a few options to help you recuperate your losses.

Uninsured Driver Coverage

If the person who hits you has no auto insurance, there is not much you can do in the way of making a claim as there is no third-party insurance company. For exactly this reason, many states either require drivers to have, or at least require automobile insurance companies to offer, uninsured driver coverage.  If you are unable to make a claim against the other party, you can make a claim with your own insurance company and be offered coverage by this policy. There is often a cap to this coverage, so it won’t always cover everything, but it can be better than nothing!

Underinsured Driver Coverage

Similar to uninsured, underinsured driver coverage helps protect you in the event that the at-fault party does not have ENOUGH coverage to fully compensate you. This coverage is often offered as a bundle package with uninsured driver coverage.

Collision Coverage

Collision is another good coverage to add to your policy. Collision coverage will help pay for the repair to your damaged car if you are struck by an uninsured (or hit-and-run) driver. Be aware that this coverage only applies to the property damage to your vehicle, NOT to any personal injuries sustained.

Lawsuit

If the at-fault driver didn’t have insurance, you can try to make a claim against the person themselves but filing a complaint in the court system. This option is rarely pursued with uninsured motorists.  Since the driver didn’t have auto insurance to begin with, chances are they won’t have the money to compensate you. Lawsuits can quickly become expensive and your chances of recuperating your property damage, personal injury, and lawsuit costs are slim to none.

Experts estimate 1 in 7 drivers are uninsured. Don’t rely on the other drivers to offer insurance compensation in the event of an accident. Protect yourself and your loved ones but adding uninsured/underinsured driver coverage and collision coverage to your automobile insurance policy.

If you have been injured in an accident by a driver with no insurance, contact an experienced Central Phoenix Arizona car accident lawyer.

Contact Kamper Estrada, LLC for their insight into personal injuries and compensation for pain and suffering.

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Signs Your Should Create an Estate Plan

Creating an estate plan is a key component that should be considered by most people. In doing so, you not only ensure that your wishes are carried out in the event you become incapacitated or pass away. A law firm has the ability to help you put together a plan that avoids the complications that are sure to come should you die without an estate plan in place. Here are common signs that clearly indicate you should create an estate plan with our lawyers as soon as possible:

Sign #1 You Have Young Children

Should the unexpected occur, it will be important that you have a clear plan in place for their care outlined in your plan. The last thing you want to occur is for the decision to be left up to a judge. When faced with this type of situation, you risk the judge appointing someone guardianship over your children whom you are in disagreement with. An estate plan can help you appoint a guardian and develop plans over how their inheritance will be managed.

Sign #2 You Own Property and Assets

If you have property or assets (which many do), you will need to speak with an estate planning attorney. They can help with identifying heirs and strategize whether any of these assets have the ability to avoid the probate process.  

Sign #3 You Should Have a Voice

You deserve to give yourself a voice in how your estate is managed after you have passed away. The reality is, most people want a say in how their wishes should be carried out. Creating an estate plan can help you to ensure that your wishes are carried out explicitly.

Sign #4 You Want to Avoid Family Conflict

After you pass, your family will be left to contend with carrying out your final wishes. While grieving, this can be a difficult task for your loved ones to face. Without an estate plan or will in place, it’s possible that your family may disagree over who gets what. This can result in serious conflict within a family and, in some cases can seriously destroy relationships. Estate planning is a key step that a person is charged with to help ensure that relationships amongst family remain intact after passing.

A Law Firm Provides Services for Peace of Mind

An estate plan, at first glance, can appear to be a daunting process. Estate planning can be easy to put off because naturally, the busyness of daily life can get in the way. Chances are, an estate plan is just a passing thought, only really presenting itself when faced with your own mortality. Everyone, including your family, deserves peace of mind in knowing that you have developed an estate plan that leaves nothing up to the imagination. A law firm provides clients with estate planning and ongoing services that can provide the confidence in knowing a plan has been developed when faced with the unexpected:

Guidance during the estate planning process

Help with reducing estate taxes

Knowledge of estate planning from experienced lawyers

Diligence in helping clients develop a detailed estate plan

Ensure your heirs receive their inheritance

Help provide guidance to your family in facing the task of managing your estate

An estate planning lawyer Phoenix, AZ trusts is committed to assisting clients in developing an estate plan that outlines your wishes. Failing to leave behind a properly executed plan can leave your family and sometimes, the courts to make key decisions you should have been able to make prior to passing. Contact a dedicated lawyer today for help in creating the estate plan you deserve.

Contact Kamper Estrada, LLP for their insight into estate planning and signs you should create an estate plan.