10 Common Mistakes When Drafting a Will

Wills can be intimidating. Aside from the contemplation of death, trying to craft a legal document that accomplishes everything you want can be a daunting task. Interpreting wills without the help of the person who drafted it is a notoriously tricky practice, so getting it right is essential.

With so many ways to get it wrong, how do you make sure you have a valid will that properly takes care of your estate? Be sure to avoid these common mistakes when you draft your will:

1. Writing It by Hand

Yes, you can write a will by hand, but you probably shouldn’t. While some states recognize handwritten (or “holographic” wills) they may limit what they can bequeath or how they can be revised. You’re better off having a type-written will (perhaps using this sample form) signed by two witnesses if you want to guarantee the will is valid.

2. Not Knowing State Law

State wills laws can vary, and each state has its own particular rules on validity, construction, and interpretation. Just because a will is legal in one state, it may not be in another. Knowing the ins and outs of state statutes on wills is essential if you want to your will to successfully distribute your assets after death.

3. Including Things You Shouldn’t

The natural inclination is to make sure all of your possessions are listed in your will. But there are things you shouldn’t include in your will. Things like your funeral plans, life insurance and retirement plans, jointly held property, and your “digital estate” can and should be left out of your will. (And you should probably avoid any illegal gifts and requests as well.)

4. Not Including Your Business

One thing that should be included in your will is your business, especially if you are a sole proprietor. Whether you plan to keep a business in the family through a trust or you want the company sold upon your death, your business interests should be addressed in your will.

5. Not Creating a Living Will

Wills don’t only take care of your assets after you die. Your will can also take care of you while you are alive. A living will is a legal document that sets out how you want to be cared for in case of a medical emergency or if you become incapacitated. A living will can cover topics like resuscitation, desired quality of life, and end-of-life treatments, and can also include any treatments you don’t wish to receive. (And if you are considering a living will, you may also want to consider a durable power of attorney as well.)

6. Not Making Revisions

Just because your will is drafted, doesn’t mean it’s done. Life circumstances can change, and you may need to revise your will. Marriage, divorce, children, business acquisitions, and asset sales can all affect the terms of a will, so make sure that any major life changes are met with revisions to what will happen to your estate after death.

7. Leaving Everything In the Will

Just because you want to leave things to your heirs and beneficiaries doesn’t mean you have to do it through a will, and you don’t have to wait until you die. Giving gifts while you’re alive can mean avoid a big tax hit in death. The IRS allows gifts up to $13,000 a year per individual to go untaxed. So not only does the recipient save the tax hit on the gift today, it avoids estate taxes later.

8. Not Understanding the Tax Code

Speaking of estate taxes, they can be some of the most confusing of an already complex set of statutes. Estate tax law is difficult even for the experts, and, like wills laws, estate taxes can vary by state. It may take an expert eye to make sure you’re not burdening your beneficiaries when you’re just trying to bestow a gift.

9. Waiting Too Late

You’re never too young to write a will, as long as you’re over 18 when you draft it. Planning for your death while you’re still in the prime of your life may feel unwarranted or uncomfortable, but dying without a will is worse. If you die intestate, your assets go into probate — a process that can be lengthy and expensive.

10. Writing It Yourself

There’s no law saying you can’t write your own will. But understanding the other laws that apply to wills may necessitate calling in a professional. This simpler your estate and family situation, the easier it will be to draft your own will. But if you want to feel confident that a will can account for a more complex asset situation, you may not want to go the DIY route.

The best way to avoid these mistakes is to consult with an experienced estate planning attorney before drafting your will.

Fatal Truck Accident

Wrongful Death Lawyer

Texas Fatal Trucking Accident Attorneys

Do you have a loved one who has suffered a fatal trucking accident in San Antonio, Texas? Our highly skilled Attorneys are here to help.

A tractor trailer, semi-truck, commercial truck, or 18 wheeler can cause massive damage from the sheer mass of the vehicle. A typical 18 wheeler can weigh in excess of 80,000 pounds, while the typical car weighs approximately 3,000 pounds.San Antonio trucking accident wrongful death cases can be highly litigated cases and as such it is critical to obtain and preserve all relevant evidence. The evidence that must be marshaled immediately includes obtaining prior accident records, maintenance records, the drivers log books, witness statements and first responders to the scene, qualcom data and the trucking companies safety policies and procedures.Possible trucking accident causes

There are many possible causes of trucking accidents including but not limited to driver inattention, driver fatigue, improper distances, inadequate driver training, improper inspection, improper maintenance, and an overloaded truck.

I have recently heard of a San Antonio trucking accident that involved an 18 wheeler that was on a highway overpass above the plaintiff. The load that the 18 wheeler was carrying shifted causing the driver of the 18 wheeler to lose control. The tractor trailer fell over the overpass and down onto the top of the plaintiff crushing her.How can this law Firm help me with my trucking accident case?

The benefit of hiring our San Antonio fatal trucking accident attorneys in these types of cases is that we can help preserve and obtain all of the evidence immediately and before the trucking company would have an opportunity to manipulate the evidence. Preserving all of the evidence at the beginning of the case can make the difference between winning and losing.

Bus accidents are similar to trucking accidents in that they involve large vehicles. Bus occupants who are injured or killed due to the negligent operation of a bus may have a cause of action against the bus driver and the bus company through the legal theory of respondeat superior.

Some of the same legal concepts apply in bus accidents as they do in trucking accidents in terms of obtaining all of the available evidence as early as possible. Bus companies have been known to alter or destroy critical evidence in a case.Accident-Preventing Trucking Laws

The Federal Motor Carrier Safety Administration created the Act that governs the rules and regulations applicable to the safe operation of 18 wheelers. The purpose of the statute is to make the roads and highways safer for everyone.

Both state and federal laws limit the number of hours that a truck driver can drive in a 24 hour period. That is why driver log books and the computer data available in board the 18 wheeler is important. One of the main causes of tractor trailer accidents is fatigue and these state and federal laws help to prevent fatigue related accidents.

In 2003, the Federal Motor Carrier Safety Administration adopted new more restrictive laws limiting the number of hours an 18 wheeler driver could drive in a day. Since the law change statistics have shown that the number of fatigue related wrongful death cases has been reduced by 20% to 40%.

Another common cause of trucking accident wrongful death cases is an intoxicated truck driver. Both state and federal law prohibit the consumption of alcohol while operating an 18 wheeler. The driver of an 18 wheeler has a legal and moral obligation to the public to be a responsible driver.

Trucking companies are required by law to properly maintain its trucks. Failure to routinely inspect and maintain the trucks can result in catastrophic failure of brakes, tires or other critical operating components. When a trucking company fails to properly maintain the trucks it puts out on the streets and highways it is certainly foreseeable that a catastrophic accident could occur.What is the trucking company’s recourse in the event of a fatal accident?

Lets discuss the chain of events that occur when a trucking company learns that one of its trucks has become involved an a fatality accident. Initially the truck driver radios in to dispatch to notify the trucking company what has happened. Immediately, representatives from the trucking company and insurance company are sent to the scene of the accident.

The representatives from the trucking company would most likely include the senior risk manager, a team of accident reconstruction experts, a private investigator, the trucking company lawyer or lawyers and possibly others. The insurance company for the trucking company would most likely deploy its own risk manager, investigator and team of lawyers.

These people are immediately sent to the scene if the accident to investigate and take inventory of what happened. All of these precautions are taken by all of these people on behalf of the trucking company and its insurance company for one reason. They want to develop all of the evidence necessary in order to pay as little as possible to the deceased person’s family.What is my recourse in the event of a fatal accident?

Surely, if the trucking company and its insurance company are mounting such an aggressive defense, the family of the deceased should and needs to do the same thing in order to protect themselves. Your fatal trucking injury lawyer will assist the family of the deceased as aggressively or more than the trucking company and its insurance company.Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construciton Accidents – Boating Accidents – Premises LiabilityC

The San Antonio personal injury attorneys of this Firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration,waivers, insurance coverage stipulations and policy terms, etc.

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How to select the right injury Attorney

Personal Injury Attorney Severe Selection,

Personal injury can arise due to anything. Negligence is the main cause of these injuries. It could be negligence of the doctors, or even employers with very unsafe working conditions. Then it could be due to negligence of motorists on the road, which is very common. Different personal injury attorneys cater for different needs of clients.

1. There are those who are better equipped when it comes to dealing with personal injury claims that have been caused by careless motorists be it motor bike drivers or even truck drivers as long as it is an accident caused on the road then they will dive right in.

2. There are the lawyers who would rather deal with the superiors of many companies who do not care about the well-being of their employees. Therefore, such lawyers will always tackle such claims because that is what they are more knowledgeable in.

1. It is to acknowledge the type of personal injury one has and then get a personal injury attorney who has handled such claims. This will give the client an assurance that a settlement on their favor will be established because they have a personal injury attorney who knows what he or she is doing.

2. Get a genuine lawyer. The kind of lawyer who understands the case and everything that will be done pertaining the case will revolve round what is best for the client and nothing less. There are those lawyers whose main interest is winning a case and at times winning a case does not mean that the client gets what he or she wants. So winning a case that brings by the interest of the client is the best kind of win. Such personal injury lawyers are not easy to come by but once gotten they never disappoint.

3. Another thing is, clients looking for personal injury attorneys should choose a lawyer by themselves and should not allow a personal injury attorney to bully them in to allowing them to handle the claim. Most of these lawyers are not experienced especially those who eagerly advertise their services. A personal injury victim would rather go for a lawyer who has handled many cases and one has to actually be evaluated before the case is taken. Busy lawyers are effective.

4. It is good to be aware of the record of accomplishment of the personal injury attorney. How many cases were won by the lawyer and how the lawyer won these cases. The personal injury attorney’s method of winning a case should consider the sensitivity of a personal injury case.

A personal injury attorney will require the attorney fees to be paid. These fees are:

1. A personal injury attorney will always charge a client when it comes to the first interview between lawyer, client, and on the recurring meetings.

2. There is also the fee that is always gotten from a successful case. If a settlement is acquired both the client and the lawyer get a percentile of the benefits of the case.

The fees of different lawyers are not the same there are some personal injury truck accident lawyers who have higher rates compared to their fellow lawyers.

Personal Injury Thoughts

Some Ideas About Personal Injury

If you are the victim of an injury by the hands of others most commonly car or truck accidents, you probably feel overwhelmed and a bit daunted. It is vital that you have the correct information, and the information here can help you. Read on to learn the steps you must follow to file a successful personal injury lawsuit.

Finding the right personal injury lawyer can be difficult for your accident case. Having said that, it helps to seek out someone with a good amount of experience in personal injury, specifically the type of injury you are dealing with. It takes a great deal of knowledge in the field to win such a case, so the more experience they have, the better.

Asking for a referral for a reputable attorney from a family member, friend, neighbor or colleague is a great way to find a personal injury lawyer. If you can find someone who has gone through a personal injury case, he will be able to help provide you with valuable information including how he found his attorney and how their court case went.

Your state’s Attorney Bar Association is a great place to find a personal injury attorney. This association will share recommendations and give you some details on the accomplishments of the lawyers you are interested in.

Before you select a personal injury lawyer, do have an initial meeting with them and have the lawyer break down specifically what they will do for you. The objective to choosing the right personal injury lawyer is for you to feel at ease with them, you need to feel that he is the best possible choice to take on your case.

If you find a lawyer who’s ego is larger than the bill they plan to charge you, run the other way. Self-absorbed attorneys aren’t acceptable anywhere, and that is especially true in court. You don’t want to anger a judge or jury because your lawyer is arrogant and rude to the court.

If you are involved in a car accident, you need to take as many photos as you can of the scene. If there is any kind of personal injury case brought up, these will help you present your case. If you have a lawyer, it will help them see exactly what happened.

If you are injured in an accident do not assume that your worries will end right away. Many people find that they are in more pain weeks later than they were at first, leaving them unable to work and take care of their families. If you are injured, and it is someone else’s fault, but careful to not settle before you know what the full extent of your injuries will be.

Look for a lawyer willing to work on a contingency basis. This means that your lawyer will not get paid unless you receive a settlement. Not only will this mean your lawyer has a vested interest in getting you a good settlement, it also means you won’t be left with a large legal fee should your case be dismissed.

If you have to miss work as a result of any injury you received, make sure that you let your boss know that this is why you will be absent. Later on you can ask your boss for a statement if you want to sue for any wages you lost as a result of being out.

If you are injured at work, you must find a lawyer who deals with workplace accidents. They know not only how to deal with the insurance, but also how to ensure you still have a job once the case is over. They’re truly going to give you a positive outcome in the end.

With any luck, you are not better able to understand what it takes to win a personal injury lawsuit. The above advice will assist you with finding and hiring a lawyer. You need to start now, so get going! More on this website
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