How To Find A Reliable Estate Planning Attorney

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Estate planning attorneys help create a plan or will that ensures your assets are protected and claimed by your beneficiaries without having to fight strenuous battles in the court.

Estate planning is a crucial part of financial planning that usually covers two aspects. One, what happens to your assets after you pass away. Two, who will make essential decisions on your behalf if you are mentally incapacitated.

A reputable elder estate planning law firm hosts a team of qualified lawyers who are experienced to manage trusts, wills, probate processes, and taxes. They make sure that your rights and assets are protected from people who dubiously want to be a part of your will, and help minimize the beneficiaries’ taxes.

Finding the right estate planning attorney is essential to ensure your will is divided according to your intent, but some people find the process daunting. To help you with the same, in this post, we have listed 3 tips.

Create A List Of Specialists In Your Area

The first step is a search hunt. You have to create a list of attorneys in your area. But before you start with the process, make sure you look for lawyers that specialize in estates.

As obvious as it sounds, it is crucial because lawyers that have no prior experience in handling estate planning won’t be able to advise you appropriately.

As mentioned before, a good estate lawyer has adequate experience and expertise to curate wills and deal with probate processes.

So, before you search the web for estate planning attorneys in your area, ask your friends and families for a referral. If any of your acquaintances have already worked with an estate lawyer, they could help you start on the right foot.

Along with listing their references, visit your state bar association and pen down the names of specialists that service in your area. This could help you a great deal.

Shortlist And Interview Potential Attorneys On Your List

Once you have identified your options, it’s time for you to narrow down the list and get in touch with the most reliable, qualified, and affordable ones.

Estate planning is a complex process, so before you shortlist lawyers, it’s important you consider their years of experience in the field, previous cases they have handled, consultation fees, professional organizations they work with, etc.

Once you do that, it’s time to call these people for a short interview. If the lawyers don’t charge any fees, you can meet them face to face also.

When interviewing your options, briefly discuss your requirements and ask them what steps will they take to ensure everything is covered. Their understanding of your situation will speak volumes about the vibe they give and whether they are willing to work with you.

This process can take long but will give you clarity about who can be your potential estate planning lawyers.

Check References And Book A Consultation

After step two, you will probably eliminate the ones that didn’t seem to be the right fit. Now is the time when you cross-check with the references the lawyers gave.

All you need to do is check their reviews on social media and schedule a call with people they have already worked before. Their previous clients can offer you quality information about their professionalism, ethics, and working standards.

If you read/ hear any bad reviews about the lawyers, don’t make any compromises. Have a follow-up conversation and make the right decision.

Once you do that, you can book a consultation and get an estate plan in place.

Final Words

Finding a reputable and reliable estate planning attorney can be a tedious process, but the effort you put in will definitely pay off.

Follow the above-mentioned steps to make the process easier for yourself.

The Probate Process in Nevada: 4 Ways Depending on Value of Estate

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Lee Kiefer & Park, LLP

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Table of Contents - Jump Ahead:

When a person dies, the decedent’s property must be distributed. The property goes either to the persons named in the decedent’s will or in accordance with the default laws of the state where the decedent lived if they left no will. Nevada, like all states, has specific statutory requirements for probate. The probate process must comply with these requirements to transfer property according to Nevada state law. The experienced probate attorneys at Lee, Kiefer & Park, LLC, can help you navigate the process.

The attorneys at Lee, Kiefer & Park, LLC, have a wealth of probate experience. Managing partner Kennedy Lee has practiced trust and estates law in Nevada since completing law school in 2011. Mr. Kiefer and Mr. Park focus his practice on litigate matters related to trust and estate administration. Mr. Lee and partner Matthew Park carry the highest possible rating from the prestigious Martindale-Hubbell peer-based lawyer rating service. The three partners’ experience is complimented by that of Suzanne Fitts, a 1989 law school graduate who serves the firm as of counsel.

Overview of the Probate Process in Nevada

The probate process, from a bird’s eye view, consists of locating the decedent’s will if the decedent had one, gathering together the decedent’s assets, paying the decedent’s debts and taxes, and then distributing the remainder of the property to the decedent’s beneficiaries or heirs. This happens with varying degrees of involvement by the probate court. In general, as the value of the estate increases, the probate process becomes more involved. Therefore, the first step in probate to determine the value of the estate.

Small Estates

If the decedent owned no interest in any real property, and the estate is valued at $25,000 or less, then the decedent’s estate can avoid probate by using a small estate affidavit. If the person entitled to inherit the decedent’s estate is a surviving spouse, then the small estate affidavit can be used for an estate valued up to $100,000. The affidavit lists the decedent’s property, states that debts and taxes have been paid, and says that the person filing the affidavit is entitled to the rest of the estate. No further probate process is necessary.

Set Aside Estates

If the value of the estate does not exceed $100,000, the estate may be set aside without administration based on only one pleading with the court. This means there is minimal involvement with the probate court. The person seeking a set aside files a petition with the probate court requesting authorization to set aside the assets of the estate to those entitled to inherit them. After a court hearing, if the statutory requirements have been met, the court signs an order allowing the set aside. There is no further probate process. The court order can then be used to transfer ownership or title to the assets.

Summary Administration

This probate process is available for estates valued at no more than $300,000. The procedure allows for a truncated probate process. For the court to allow summary administration, the court must find that summary administration is advisable “considering the nature, character and obligations of the estate.” Upon that finding, some of the procedures required for full probate are revised and are less stringent.

General Administration of Estates

If the value of the estate exceeds $300,000, then the estate is subject to general administration. The general probate process requires many steps for the personal representative. The court must approve most of the actions that the personal representative takes in administering the estate.

The Probate Process for General Administration

Depending upon the value of the estate, a general administration might not be required. If it is, these are the general steps in the probate process:

The nominated personal representative must locate the original will, if the decedent left one.
That person must file a petition for probate in the county where the deceased lived, within thirty days of death.
The petition for probate will request that the person be appointed personal representative, as stated in the decedent’s will. If the decedent left no will, then the petition requests appointment of a close family member as the personal representative.
The personal representative provides the statutory notices of all court hearings and publishes a notice to creditors in a newspaper where the decedent lived. Creditors have three months to present their claims.
The personal representative marshals the assets, and prepares an inventory of the assets and debts of the estate and file it with the court.
Certain actions may require court direction on how to proceed. Other actions require court authority.
Eventually, the personal representative files a petition seeking authority to pay the outstanding debts of the decedent/estate and to distribute the remainder to the beneficiaries.
Once all the assets have been distributed, the estate is closed.

Each of these steps must be completed properly and accurately. If you or someone you know needs an experienced probate attorney in Las Vegas, or anywhere throughout the state of Nevada, please contact Lee, Kiefer & Park, LLC, for a free consultation, either by using the online form or calling 702-333-1711.

What to Do If You’re in a Speeding Accident in Georgia

By

Winston Briggs

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The speed limit in Georgia is 70 miles per hour on the rural interstates, 55 miles per hour on the urban interstates and 65 miles per hour on other limited access roads. However, that doesn’t stop people from breaking the speed limit all the time.

Speeding is a huge issue not just in Georgia, but throughout the United States. According to the National Highway Traffic Safety Administration, in 2018, speeding led to the deaths of 9,378 people. It was a factor in 26% of all traffic fatalities, too. The latest data from 2017 showed that there were 1,468 traffic fatalities in Georgia that year.

When drivers speed, they are more likely to get into car accidents because they lose control of their vehicles and they don’t have enough time to brake in case they have to. Even though drivers know speeding can cause great harm to other people, other vehicles as well as their own vehicles, they still speed when they are running late, there are breaks in heavy traffic or they’re simply zoning out and not paying attention to their ever-increasing speedometer.

What Happens in a Speeding Accident

If a driver is speeding, they can cause irrevocable harm to you and your car. Some injuries that you may experience as a result of a speeding accident include:

Whiplash
Back and neck pain
Fractures
Head injury
Traumatic brain injury
Spinal cord injury
Paralysis
Broken bones
Death

Some of these injuries are minor. For example, whiplash and back and neck pain can be treated with chiropractor care, deep-tissue massage, acupuncture, heating pads and over the counter medicine. However, breaking a bone or experiencing a fracture could put you out of commission for weeks or months, while a traumatic brain injury, head injury or paralysis can impact you for the rest of your life.

As a result of your injuries, you may have to take time off from work to recover in the hospital, be away from your family, get physical therapy, undergo surgery, take medications and buy medical equipment. You could suffer from temporary or lifelong pain.

It all depends on the severity of your injury. If the other driver was speeding way above the limit, crashed into the side where you were sitting and/or was driving a vehicle larger than yours, your injury could be greater. Additionally, if you were a pedestrian or riding a bicycle, you are likely to suffer from more injuries than if you were driving in a car.

Pursuing Your Speeding Accident Claim

If you have been in a speeding accident, then you are entitled to compensation for the trauma, pain and injury you’ve experienced. To ensure that a speeding accident claim will go through, you should collect the following:

Police records of the accident, if you called the police.
Witness statements and contact information, if there were any witnesses around.
Photos and other evidence of the accident.
The other driver’s information, including contact and insurance details.
Your own insurance details.
Your medical records after you visited the hospital following the accident.
Information that details any other doctors’ visits, time you took off work or other effects this accident had on you.

If you need help getting everything together and filing your claim, you can hire a personal injury lawyer. They can locate the police records, call the hospital and your doctor for you to retrieve medical records, deal with the insurance companies and put all your evidence together.

Your personal injury lawyer will not charge you for these services; in fact, they’ll cover your treatment and legal fees until you’re compensated. Then, they will take money out of the settlement to pay themselves and your doctors. If a personal injury lawyer is willing to take you on, it’s because they know you have a solid case. Otherwise, they wouldn’t be putting themselves on the line for nothing.

With the right lawyer, you’ll have peace of mind and know that you will get the money you need to pay for your recovery, as well as cover any expenses like missing wages and the money you spent on gas going back and forth to doctors’ appointments, for example.

What to Look for in a Personal Injury Lawyer

You want to hire a personal injury lawyer who is experienced, transparent, communicative and makes you feel like your case is in good hands. Look for one who has other satisfied clients as well as positive testimonials and reviews.

Since you’re recovering, you can’t also worry about what your lawyer is or isn’t doing. You just want to have that initial consultation, hand over all the relevant information and then be updated on your case when necessary. And then, when they’ve worked hard for you, you can collect your compensation and get back on your feet as soon as possible.

With the right personal injury lawyer in Georgia, you can do just that. Don’t hesitate; the longer you wait after your speeding accident to file a claim, the weaker of a case you’ll have. Georgia has a two year statute of limitations on personal injury cases, so get in touch with a personal injury lawyer as soon as possible to get the ball rolling.

If you’ve gotten into a speeding accident in Georgia, you may be entitled to compensation. To find out what a personal injury lawyer can do for you, contact the Atlanta personal injury lawyer Winston Briggs today.

How To Choose the Best Immigration Bonds Company

By

Michael Simon

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If any of your loved ones have been placed into custody for issues found in their immigration status such as nationality, you can opt to obtain an immigration bond to set them free until the time comes for them to appear in court.

The mass influx of migrants seeking asylum from war and political instability in their home countries led to the detention of these migrants in the U.S. in the 1890s. In 1996, the President of the U.S. authorized mandatory detention by creating the Illegal Immigration Reform & Immigration Responsibility Act.

The physical conditions of the nation’s migrant detention centers have caused many human rights organizations to express their concerns regarding poor medical treatment and possible human rights abuse. This has raised the question of whether migrants have to be detained in detention facilities or issued with immigration bail bonds to secure their freedom as they wait to face the judge on scheduled court dates. An immigration bail bond company issues immigration bail bonds to migrants to secure their release from ICE’s detention centers.

Many people are unaware of the difference between immigration bonds and regular bail bonds, as well as how the former work. Immigration bonds issued to migrants are paid to the U.S. government to facilitate the release of detained immigrants from ICE’s custody. By paying the bond amount, the immigration bond company agrees that the detained immigrant will attend all their court dates as scheduled. The American government, through the law, only allows legal citizens of the U.S. or individuals with a green card to post an immigration bond. That means only a family member or friend is allowed to post bail if you’re a detained migrant. You can learn more about immigration bail bonds by visiting https://www.bobblockbailbonds.com/immigration-bonds/.

Due to the increasing number of individuals being detained by immigration per year, there have been a lot of immigration bond companies that have been opening to serve clients who need this type of bail posted. These companies make a profit by posting bail for an individual in exchange for a fee which is a fraction of the total bail amount. Due to the number of companies available, it pays to step back and research the bail bonds company you are considering using to make sure they are reputable and reliable.

There are a number of reasons why we must choose the best bail bond company to post your immigration bail. Being the ‘middle man’, this company will ensure your freedom prior to any court hearings, which is why they must be trusted to post bail once any conditions are met.

Many less than ethical companies may ask detainees to pay the required fee first before they post bail, only to eventually run away with their money. It’s not just rampant theft from companies that may be an issue, but some companies are also inexperienced with posting this type of bail which can cause delays with your release. These are just a few reasons that illustrate the importance of making sure you choose the best immigration bail bond company possible.

To effectively screen the choices of bail bond companies available, first, you should look into their experience in terms of posting immigration bail in the past. The longer the company has been operating, the more successful bail they have posted and the more clients they have fulfilled their duties to. Newer companies might be prone to make mistakes in the bail process and again, these errors can cause delays in posting your bail.

You can also contact the agencies past clients and ask them about their experience working with the company which will give you an idea of what it should be like when you work with that company. Get those previous customer’s opinions or reviews and find out if they encountered any issues while they were working with the agency.

Lastly, establish contact with the company itself and get a feel for them in terms of how they deal with their clients. Simply talking about your case and getting to know a few individuals in the company can help you get a better feel of the company itself. Since this company will be responsible for your freedom from immigration custody, it is important that you trust the company and the individual you are working with before you decide to work with them.

While posting an immigration bail bond is easier today in years past with loosened guidelines and more bail bond companies at our disposal than ever before, it is still extremely important to make sure that you choose a reputable, professional, trustworthy company that delivers you the results you expect and are paying for.

Best Practices for Zoom Court Proceedings

By

Graham Sutliff

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The Stay-At-Home and Shelter-In-Place Orders issued across the country have presented unique challenges in many forms. For litigators, these challenges have required an industry that is resistant to change to adapt quickly and dramatically in order to continue to fulfill our obligations to our clients and the legal system. We commend judges, counsel, clients, those in the legal industry, and everyone else who is taking part in learning and mastering these virtual substitutes, for continuing to innovate and keep the wheels of justice moving.

Video conferencing has become the new norm for all types of proceedings throughout Texas and the United States. In Texas, the Office of Court Administration (OCA) secured a Zoom contract and a license is available to all State of Texas judges. Additionally, the OCA recommends that most non-essential proceedings, except for jury trials, be conducted remotely. While the means for conducting proceedings has been given, the legal community is now faced with handling the logistical details of how to effectively and professionally participate in a Zoom proceeding. Several best practices have emerged to help you present your case in the best manner.

First Things First–Setting Up Zoom For Your Practice
One of the main reasons why Zoom seems to be such a popular video conference option is its cost-effectiveness. Zoom has a free option that provides a number of features, and its subscription service is relatively inexpensive (i.e. $149.90 for an annual, single license). In comparison, competitors such as GoToMeeting do not offer any type of free plan.

Installing Zoom is extremely easy and user-friendly. A web browser client is downloaded whenever you start or join your first Zoom meeting. On the Zoom website, any number of plugins or extensions can be installed so that Zoom can be run from applications such as Google Chrome, Microsoft Outlook, or Skype for Business. Zoom can also be run from a mobile device, such as a tablet or smartphone. As might be expected, running Zoom from a computer with a webcam or a laptop provides a richer experience over using it on a tablet or smartphone. A smartphone should only be used as a last resort.

As Always, Check for Local Rules
Before appearing in a proceeding, you should also check with the specific rules of the court. Different judges will have their own preferences on topics such as mute procedures, whether or not recording is allowed, and how to submit evidence. Additionally, as judges gain more experience with Zoom, those preferences may change over time. For instance, the 345th District Court issued procedures that include a rule about muting when not speaking and a detailed procedure on how to submit exhibits. In comparison, Judge Kyle Carter includes in his Court Decorum rules the following: “Mute Button When You Are Not Speaking, Identify Yourself Each Time You Speak, and Recording is Prohibited.” These rules may seem strange or arbitrary, but they are often the result of some surprising discoveries about Zoom. For instance, many courts are setting Zoom videoconferences to private, utilizing breakout rooms and keeping witnesses in virtual waiting rooms. This has become a necessity because of Zoombombing (a form of hacking). Recordings are generally discouraged because the only official record of a court proceeding should be the one produced by the Court Reporter. Additionally, several courts are advising that chats be avoided altogether or prohibiting private chats. This is in response to the discovery that messages that were sent in a private, person-to-person mode, can actually be viewed by anyone who downloads the transcript from Zoom.

Three Ways to Improve your Presentation

1. Backgrounds
It is important to have a clean and professional looking background when engaging via Zoom. This is necessary for both depositions and court proceedings since deposition recordings may be introduced later during a hearing, and court proceedings are often livestreamed to YouTube or Facebook to ensure the public has access under the Open Courts Provision of the Texas Constitution. You don’t want people thinking about what is going on behind you and not listening to what you have to say.
With this in mind, you have several options. You can look for an organized, clutter-free space in your home that can be your background. Alternatively, as a way to improve your presentation or the presentation of your witness, you can use a virtual background through Zoom. For depositions, assuming it is your witness, be sure to give some thought about the witness’ background.
If you want to use a virtual background, you need to test it to see if the space you want to use will need a green screen. A cluttered background makes it difficult for the technology to differentiate you from what is behind and around you. In this situation, you will need a green screen to use a virtual background. There are many options for purchasing a green screen online, but you can also purchase inexpensive options like a green poster board or make your own screen by painting a sheet or piece of cardboard. Also, be sure that your clothes are not the same color as your background (e.g. green shirt with a green background) or you will become the invisible person.
The process of adding a virtual background is very easy and you can add anything you think would look the best. To help, we have created a photo gallery of professional, license-free images that you can download and use for yourself. Click here. We have also set out instructions on how to download and upload the images to your Zoom account.

2. Submitting and Presenting Documents
For court proceedings, each court will likely have its own rules about how to present documents. Some courts have used Dropbox to allow attorneys to share evidence, but many others prefer email. Be sure to call the Court prior to your hearing to determine how the Court handles the presentation of evidence. Some judges can manage the exhibits themselves and share their screen on Zoom when exhibits are used. If, on the other hand, you are required to present your exhibits, then you need to know how to share your computer screen and how to direct people’s attention to the parts you want. An app we find helpful in the presentation of evidence is Snagit. This app allows you to easily cut and paste from documents and zoom in easily.
When it comes to depositions, we suggest coordinating with the videographer beforehand so they can verify that they have high-quality, clean copies and that they will be able to zoom in on relevant portions of exhibits as needed. You should also familiarize yourself with Zoom’s ability to share your computer screen so you can present documents on the fly during the deposition.

3. Technical Capabilities
In order to make sure you have high-quality video and audio, you will need a strong wired or WiFi connection, so you may need to experiment in different parts of your home to find the strongest signal. Attorneys should also try to find a quiet place where ambient noise will be at a minimum (think rooms with carpet or rugs and rooms with no echo). If available, using ear buds with a built-in microphone provides a better listening experience, reduces background noise and allows others to hear you better. With respect to lighting, you want the room to be well lit. Lamps are helpful and, when available, should be placed evenly with or a little behind your camera. Avoid having bright lights in the background because such light will create problems for the camera. As for the location of the camera, try to have it eye-level so that it appears that you are looking at the other individuals on the conference.

Even with the best preparation, it can be difficult to anticipate how your Zoom video conference will behave on the day that you need it. Associate Judge Aurora Martinez Jones suggests that you try to avoid Zoom “traffic,” if possible, by requesting or setting a start time that is mid-morning or later. She also recommends that you have a number of backup devices available in case your audio does not work or if you need to have private attorney-client communication. If you do end up using multiple devices, make sure to label them all properly when logging into Zoom using your first and last name so that they can be easily identified by the host of the videoconference. If only a phone is used, provide the host with your phone number ahead of time. If you are the host of a Zoom video conference, it is recommended that you ask all participants to log in early to iron out any technical difficulties.
Judge Dimple Malhotra also has a number of suggestions to ensure successful Zoom video conferences. If there is time before the official start time of the hearing, be sure to turn your video off until it is needed. She also encourages attorneys to be aware of issues of access. Not all participants have the capability to use Zoom. Some clients may not have a compatible device or internet access, and you should be prepared to come up with alternative arrangements.

Proper Preparation—Be Sure to Test Your Setup and System Before Any Hearing or Deposition
After installing Zoom, users should test out the functions in Zoom by going through the various options and setting up a videoconference with a friend or colleague. When setting up this test, be sure to record the test session so you can go back and watch the test so that you will understand what others will see. You want to familiarize yourself with the basic functions such as different view options, mute, and chat. Depending on the device used and the form of Zoom interface, certain features may not be available. For instance, some devices may not have the video capabilities to utilize virtual backgrounds. Finally, attorneys should practice working with the different video and audio options, as well as how to use screen sharing and documents.
With these best practices in mind, combined with patience and learning from experience, Zoom can be a powerful tool to help courts and attorneys continue their important work.

About the Author
Graham Sutliff is the co-founder of Sutliff & Stout, Injury & Accident Law Firm. Graham is Board Certified in Personal Injury Trial Law, and he has been actively trying personal injury cases for over fifteen years.

Understanding Florida’s New Texting and Driving Law

By

Lorenzo Law Firm

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Authorities and law enforcement nationwide are coming down hard on texting and driving by introducing new laws that make it illegal for drivers to look at—or even hold—their smartphones and cellular devices. Despite these laws, distracted driving continues to be a major problem that causes car accidents across the United States.

The Sunshine State is no different.

More than 5 crashes involving distracted driving happen in Florida every hour, according to the State Department of Highway Safety and Motor Vehicles. There were nearly 50,000 distracted driving car crashes in Florida in 2016 alone, resulting in over 3,500 serious injuries and 233 fatalities.

On January 1, 2020, several new texting and driving laws went into effect in Florida that you should know about.

School and construction zones

In Florida, no cell phones are allowed to be used while driving in school and construction zones. Tapping the button to answer a phone call is still allowed, as is using navigation apps such as Waze or Google Maps. But anything more than that and law enforcement can pull you over.

Earbuds

All drivers should take advantage of the latest technological advances for hands-free devices such as calling and text-to-voice functions. These are legal and available for purchase at any number of retail stores. There must be at least one ear free if you’re using Apple earbuds or Bluetooth devices.

Increasingly, car manufacturers have been putting cars on the market with Bluetooth already installed that make hand-free technology obsolete. Simply sync your phone with the car and use the voice-to-text function to respond to texts or use voice command to make a phone call.

Golf carts

Passenger cars, trucks, motorcycles and commercial vehicles aren’t the only ones subject to Florida’s texting and driving law. If you’re driving in a registered golf cart on low-speed streets with your phone in hand, you can still receive the same penalties as a driver texting on the road.

Violations

If you’re ticketed for texting and driving in Florida, the first warning comes with a $30 penalty plus court fees. Subsequent penalties are $60 plus court fees, and 3 points added to your driver’s license.

Law enforcement

If you get pulled over by the police, don’t immediately hand over your phone. First they must prove that you were texting and driving before they pulled you over. If they can’t do that, then they might try to file a court-ordered subpoena to get a hold of your phone.

Exceptions

If you’re sitting at a red light and waiting for it to turn green, you might have your phone in your hand to type a response to a text message or dial a number to make a phone call. In this case, this is allowed under Florida law.

Responding to an emergency and reporting suspicious or criminal activities are also exceptions to the state’s texting and driving law. For example, if you receive an AMBER alert and respond to it, then you won’t be penalized as long as you can prove that you were reporting relevant information to the proper authorities.

George Lorenzo has been practicing law for nearly 30 years. He is a co-founder of Lorenzo & Lorenzo, a Tampa, FL personal injury law firm, specializing in auto accidents cases and more.