Legal Advice

Legal Advice

Car Accident Attorney - Schuller Law Office
08 Oct, 2019
Car Accident Attorneys In Toledo, OH In 2017, there are 23 fatal car crashes and road traffic accidents that happened in Toledo, Ohio. That is considering the deaths alone; 11 of which involved a drunk driver. With these statistics taken into consideration, a car accident is most likely to occur to anyone who is out there either walking or driving in the streets of Toledo. These facts make it all the more important to get the services of a car accident attorney in Toledo, OH . Given that there could be a lot of car accidents in Toledo, OH , it only proves that nobody is guaranteed to be safe. That is, even if one will properly follow all the traffic rules by the book. There could be other drivers on the same road that is not practicing any care in driving at all. These could be the people that could cause car accidents no matter how cautious you are whenever you are on the road. How Can A Car Accident Attorney Help You With Your Claims Now that you know that car accidents happen all the time in Toledo OH, you should then know how could a car accident help you out in these kinds of situations. Although reporting a simple car accident to the police will not require the presence of a lawyer, once you have decided to push through with a car accident claim, you should seek for the help of a car accident attorney in Toledo OH . Here are some of the things that a car accident attorney can do for you. Communicate with the other driver’s insurers For any personal injury case, there will always be an insurance company involved. Since these companies are still aiming to get a profit from the payments that have been done to them by their clients, it is important that they minimize the insurance payout. Although as the person who is on the receiving end of things, the last thing that you would want to happen is for your injuries to be downplayed by insurers. Getting in an accident and recovering from the injuries you have sustained from the crash is already stressful enough. Hiring a car accident attorney in Toledo, OH would help solve this problem. They are the ones that can negotiate with the insurers so you can get the best compensation from your injuries. Obtain the necessary evidence If your goal is to get the best deal of compensation from the offending party or insurers, you would have to secure credible and reliable pieces of evidence. This evidence will help strengthen your case. A good car accident attorney would know how important it is to have concrete evidence that your side could use against the other party. It is recommended that as soon as you have been involved in a car accident, your lawyer would be able to see the scene himself. Although there could be a lot of pictures taken in the accident, witnessing the scene itself can give other clues that the pictures were not able to present. Obtain the necessary evidence for your damages Since you are most likely to pursue a personal injury claim, this would have to be backed up by evidence. The type of evidence used for this matter, however, cannot be recovered from the scene. Instead, these pieces of evidence are the police reports and medical bills that were recorded during the time of your recovery. These records are not easy to hold of, as it may take a long time before you can request these. If you should know anything about personal injury cases, it is that time is of importance. A car accident attorney in Toledo, OH will be able to get hold of these files sooner than expected. These are the records that can be used to account for the damages you have sustained. It should help your lawyers quantify how much you should get as compensation. Deal with the lien holders If you have received benefits from your health, disability, or workers’ compensation insurer, then the insurer will get a lien on your claim. This is an important step because your lawyer can decrease the lien that the lien holder should get. In return, you will be able to get a dollar for every decrease that your lien holder should get. The process for this is relatively technical and would require the convincing and negotiation abilities of your car accident attorney in Toledo OH. This should be a task assigned particularly to the lawyers. Negotiate the settlement Once all evidence has been collected, analyzed, and placed into the table, the next goal of a car accident attorney is to get you the settlement that you deserve. It may sound like it is a fairly easy job, but it requires a lot of convincing more than you think. Negotiation is a highly specific skill that personal injury lawyers would be good at. You can negotiate the settlement yourself, but it will not be as effective and successful compared to when you are working with a lawyer. Since your lawyer may have handled a lot of similar car accident cases, he should know how much your case will be worth in terms of settlements. Getting the settlement that you want is not only hard, but it is extremely stressful as well. With a car accident attorney around, you get to focus on other things and let your lawyer handle these cases. The next thing you know, you will receive the amount that you were aiming for. Always Work With A Personal Injury Lawyer For cases like these, it is important that you get the services of a car accident attorney in Toledo, OH. Filing a personal injury case is something that you cannot just do on your own – you have no other choice but to work with a lawyer. Listed above are the important things that an attorney can do for you. Skip the troubles of dealing with this all on your own and let a lawyer help you out.
Law Firms in Toledo, Ohio - Schuller Law Office
21 Sep, 2019
Law Firms In Toledo, Ohio There are a lot of law firms in Toledo, Ohio. This can be attributed to the fact that the legal cases stacked in the courts of Toledo are quite a lot. According to Toledo’s Supreme Court, there are about 2,107 new cases in 2015 alone. Come four years later, and one would expect that this numbers have risen exponentially. That is why it is only justifiable that there is such a strong presence of law firms in this area. With that said, have you ever considered getting the services of a law firm in Toledo, Ohio? If you have, or you are planning to get one for any kinds of your legal needs, how will you be able to pick the best one from the bunch? Factors To Consider When Choosing The Best Law Firm In Toledo, Ohio There are a lot of factors that can come to play. But when you are talking about getting the services of the best law firm in Toledo, Ohio, you have to narrow down your options. Narrowing your choices may help you eliminate which law firms you are not going to be compatible with professionally. Let’s take a look at the things you should consider when getting the services of a law firm in Toledo, Ohio. The law firm’s track record One of the things that you can quantitatively look at for basis in choosing the best law firm in Toledo, Ohio is a law firm’s track record. It is through this data that you can have a glimpse and understanding of how the law firm works. You should want to work with a law firm with an outstanding track record. Usually, this means that the legal firm has a high success rate when it comes to their cases, and the amounts of settlements they have won for their clients. This is probably the most important element that you should consider. It is through the company’s track record that you are also going to know your chances of winning your case. If a law firm has a bad winning record, then that could say something about their lawyers’ capabilities to represent their clients. So, if you are choosing a law firm in Toledo, Ohio that could best represent you for your case, make sure to check their track records first before signing a deal with them. The cost of their services Legal services in every state could differ with regards to their price ranges. There are some law firms in Toledo, Ohio that offer their services at a very low cost. While there is the lower part of the spectrum, there is also the other end of it which offers services at a premium price. These can be justified, however, in terms of the quality of their work. Law firms in Toledo, Ohio who have been deemed to be the experts in the legal field tend to charge a higher price compared to newer law firms. But always remember that experience does not necessarily equate to a number of years in service. This means that a newer law firm could offer the same legal services at a fraction of the cost of established law firms. The cost of attorney’s fees and other legal matters are two of the main reasons why some people do not mind hiring a law firm in Toledo, Ohio. All legal cases, however, are required to be presented in court by an attorney. This just means that when you have a case on hand which really needs the services of a lawyer, you will definitely be required to get one. Choose the best law firm in Toledo, Ohio that could handle your legal case properly – and with a budget that you can work with. Alternative billing methods The cost of legal fees should be something that you do not first think of when you are going to get the services of a law firm in Toledo, Ohio. After all, everyone deserves to get a competent legal counsel. If the budget is tight, there are solutions to this problem. There are law firms which offer various alternative billing methods which you can take on. There are firms that are willing to offer alternative billing structures. Some examples of this scheme would be given a flat rate or cap on the amount for the project. Their expertise A law firm’s expertise could be something that a client can easily forget when it comes to the selection process. Some clients do not understand that they should hire a law firm that will match the nature of the cases they have on hand. It is also important for you to know that not all law firms in Toledo, Ohio are considered to be experts in all fields. There are the strengths of a legal firm which could be advantageous to your case. Say, for example, you have a personal injury case on hand, then it only fits that you choose a law firm that deals with personal injury cases. Again, not all law firms in Toledo offer this kind of legal services. That is why it is important for you to know a law firm’s expertise. The personality of the lawyers that are going to be assigned to your case Lawyers are human beings, too! That means they have their own set of views, personalities, and attitude. Although it is most likely given that these lawyers will have their best foot forward when dealing with your case, it is very crucial that you choose a law firm with lawyers that you know you can work with harmoniously. The time you are going to spend in one case is not definite. It can range from as short as three months to as long as several years or so. Changing of legal counsel when the case is ongoing can be something that can be tedious and quite of a hassle too. So, as much as possible, if you can get it right the first time around, then it would be to your advantage. At least, you do not have to deal with a personality clash in the long run or encounter some falling out situations with your lawyer. Get The Services Of The Best Law Firm In Your Area When you are dealing with a very serious case, always make sure that you hire only the best lawyer whom is capable of representing you. Before signing on a deal with a law firm, ensure that you have all factors covered: from the costs, alternative billing methods, law firm’s track records, and lawyer’s personality. When you carefully pick out the law firm that matches all of these requirements, you have a high chance of winning your case.
Hire a Truck Accident Lawyer - Schuller Law Office
03 Sep, 2019
In 2016, there were a total of 305,000 traffic accidents in Ohio. Out of these car accidents, 23,000 crashes involved a medium or heavy truck. That accounts for around 7% of the total traffic accidents in Ohio. This is according to the Ohio Department of Public Safety ‘s annual traffic crash report. Usually, semi-trucks are the kinds of trucks involved in such truck accidents. Even if you keep yourself in the right lanes, you cannot control what is going on around you on the freeway. With that, here’s everything you need to know about truck accidents and why you should consider getting a Toledo truck accident lawyer when you are involved in these kinds of situations. Negligence: The Common Cause Of Truck Accidents It may be a full-sized ten-wheeler truck or a semi-truck, their weights and sizes are significantly larger compared to a car. With that in mind, truck drivers should be aware that there is very little room for error. One accidental wrong move may cause severe damages and injuries, or worse, the death of those who are involved. These are the reasons why trucking companies and drivers would have to ensure that their vehicles are working well and are properly maintained before use. The most common cause of truck accidents is due to negligence. This includes the following: Inadequate training of the driver Distracted driving Overloaded vehicle Poorly connected cargo Fatigued or intoxicated driver Lack of truck maintenance Although the trucking industry is heavily regulated to minimize risk for other drivers on the road, not being able to meet the requirements listed above would increase the risk for a truck accident. Who Is Liable For These Truck Accidents? A truck accident can be a result of two causes. Either it was from a natural cause or due to negligence. Whatever the nature of the accident is, there will always be someone liable for it. A Toledo truck accident lawyer can point out which one you can press legal charges on in case you are involved in a truck accident. Your lawyer may point out the following legal persons liable for the accident: Truck Driver Truck Owner Owner of the trailer Loading company Manufacturer of the defective component These are the possible people you can press charges on, just in case you decide on pursuing a case for it. A Toledo truck accident attorney will be able to help you determine whether you should push through your case or just settle for compensation. Whatever it is that your truck accident attorney will recommend to you, be ensured that they are acting on your best interests. How Can Getting A Truck Accident Attorney Help You With Your Case Now that you know the possible causes of truck accidents and who might be the person responsible for it, the next thing that you should consider is the action you are going to do for this. This is the perfect time for you to hire a Toledo truck accident attorney. These lawyers are highly skilled in this field of expertise and have had a lot of experience dealing with similar cases. Here is the list of things that your truck accident attorney can do for you: Interview witnesses Whether the accident happened on a major road or an isolated street, there will always be a possibility that a witness had seen what happened. Your lawyer will be the one responsible for finding and contacting these possible witnesses. Upon reaching these witnesses, your lawyer will ask them questions regarding the incident. Mostly, it will be a recount of what had happened based on their perspective. Who did they think was speeding? Did someone swivel or was the truck not in the right lane? Did a mechanical part of the truck disengage? Your lawyer will ask these people every detail they might have seen and remembered from the accident. Your lawyer will take this information into consideration and will arrange things to help you build your case. Examining accident reports and medical records Since lawyers can build a strong case based on the evidence they have collected, your lawyer should look into police accident reports and your medical records. Aside from these records being a crucial part of the investigation process, your medical records will also help in determining how much you should receive for your compensation based on the damages you have sustained. Review all photos and videos related to the accident Not every shot of the camera or minute on the highway CCTV video will be beneficial for your case. Your lawyer will spend time to analyze the authenticity and credibility of these documents before your camp takes it in as evidence. It is your Toledo truck accident attorney‘s job to analyze which one will be the best evidence you should use for your case. Determine the history of the trucking company and truck driver Your lawyer can use a bad record of incidences as something that will benefit your case. It is through these records that your lawyer will be able to prove that these people are at fault because of their negligence and therefore should be liable for the damages. Do Not Think Twice, Get The Services Of A Truck Accident Lawyer When you are involved in a truck accident, make sure that one of the first steps you take is to get a truck accident lawyer. This is so you are immediately protected by the law and you will know what your legal options are. Chances are, you have serious injuries and have encountered a lot of physical damages. The last thing you want to deal with will be talking to insurance companies, law enforcement, and the trucking company. This is why it is very important that you let a Toledo truck accident lawyer handle all of these.
Car Accident Lawyer - Schuller Law Office
17 Aug, 2019
No one knows the certainty of when and where a possible car accident may take place, which makes it all the more reason for you to be prepared if you are ever involved in a car accident. One of the first things that you should do after a motor vehicle accident is to file an accident report. If it is your first time in a car accident, you may not know that you do not need a car accident attorney to file an accident report. You can file this type of report all on your own. This type of document is only filed so that the proper authorities would be informed of what has happened. On the other hand, if you decide to push through with filing a lawsuit case against the other party or parties involved, then you would want to hire a car accident attorney. With that being said, here are the instances when you should hire a Toledo car accident attorney . You Have Decided To File A Case This is when you should hire a car accident lawyer. You generally cannot move forward with your lawsuit without a car accident attorney. The sooner you have an attorney working on your case, the better off you are. There Will Need To Be Evidence Collected A strong case is built on rock-solid evidence. Evidence is collected right after the accident, which could support your claims and defeat the other party’s arguments during the lawsuit hearing. Your Toledo car accident attorney will be the one to gauge which pieces of evidence would be beneficial to your case and negate any evidence that he or she does not find important to your case. In some instances, your lawyer will have to go to different police investigators who were at the scene of the accident so your case could obtain the proper evidence. This may require a thorough analysis of the evidence on hand. You Have Sustained Serious Injuries One of the most common reasons why most people get the services of a car accident lawyer is because they have sustained damaging injuries from the accident. These injuries are quite extensive as it could go from minor to major, and range from physical to psychological damages. Your attorney will fight for your rights and would try to obtain a settlement that would financially compensate you for your suffering. The value of the compensation should be based on the physical cost of the damage, medical bills, salary loss from absences, and future incapabilities. With the help of your auto accident lawyer, he or she should be able to determine the right amount that the other party should settle. There Are Three Or More Parties Involved A fairly simple motor vehicle accident would entail just two parties. However, the moment that three or more parties are involved in the accident, requesting the counsel of an accident attorney would be in your best interest. The reason being is that there are too many people involved in the case. The more parties involved in the accident, the more points of view investigators are going to have to take statements from. There could also be different investigators for each party present as it is duly needed for insurance claims. Even if you know that you are not at fault, as long as there are three or more parties involved in the crash, you should consult with your car accident attorney as soon as possible. You Are Encountering Problems With Insurance Companies Having accident insurance does not mean that you will be covered one hundred percent of the costs that you incur. If you feel like you are being taken advantage of, or that they are not following what is indicated in the insurance contract with them, your lawyer will be the one to deal with the insurance company. Car accident lawyers have the experience and expertise to deal with insurance companies in situations like this. Remember, your car accident attorney’s focus is to help you receive the best compensation for any injuries and damages. There Are Other Lawyers Involved In The Case If another party hires a car accident lawyer, it would be wise that you follow suit and hire one too. Your car accident lawyer will fight for your legal rights. It is both logical and strategic that you would get one too just so you can be sure that you will be represented properly against the other party. The Moment You See Yourself In These Kinds Of Situations, Immediately Lawyer Up The moment that you see yourself in of the above situations, you should immediately consult with the best Toledo car accident attorney to help you out with your case. Car accident attorneys have the means necessary to investigate your auto accident, collect the evidence, and determine the cause of a crash to help your case.
Toledo Personal Injury Attorneys - Schuller Law Office
19 Jul, 2019
Accidents are one of the most unfortunate events that could happen in your life. The more you expose yourself to possible accidents, the more you are considered to be high-risk as much as it’s best for you to just stay at home. It’s not possible and viable to do so! Of course, you would have to go to work or school every day. Thus, staying at home just to lessen your risk to encountering any accidents isn’t possible. You shouldn’t fear being exposed to accidents! If it’s any consolation, you have legal assistance that could back you up in times of need. Toledo injury attorneys such as Schuller Law Office is one of the best that you could find around Toledo, Ohio area. What is a Personal Injury Lawyer? A personal injury lawyer is the one that you should call immediately after encountering any kinds of accidents. Specifically, Toledo personal injury attorneys are tasked to provide any legal representation to any individuals. Usually, personal injury lawyers or accident attorneys are working in tort law. This branch of the law covers the negligent and intentional acts. The main goal of a personal injury lawyer is to give their clients a fair compensation for the accidents their clients have been to. What Does a Personal Injury Lawyer Do? Toledo personal injury attorneys are based specifically in Toledo, Ohio. If you have encountered any accidents around this area, then it’s best to hire attorneys in Toledo. These lawyers would know the way around with the specific local laws in Ohio. But what does a personal injury lawyer specifically do? Here are some of the things that injury attorneys can do for you. They investigate your claims If you’re having troubles whether or not you should hire a personal injury attorney, it’s still recommended that you seek after the advice of one. Most of the times, they give out free consultations. Some would even give a contingency fee basis, which means they would only charge attorney’s fees once the settlement has been made. After any major accidents, you should always get a Toledo injury attorney. They would be the ones responsible for investigating your claims and recommending any legal actions. You don’t have to be one hundred percent sure in your situation if you should pursue any legal claims. But hiring a personal injury lawyer would be the best way to go to decide whether or not you should push your legal claims. They will help you gather evidence In some cases, this would be probably your first major accident. You won’t have any idea on what kind of evidence will you need to support your claim. If you decide on to take your case to court, then it’s best that you hire a personal injury lawyer. They would help you sort out your claims and find any kind of evidence that would make your case stronger. Any kind of Ohio personal injury lawyer would know that they would know what kind of technicalities that they should look for when gathering evidence. They will be the ones to negotiate with insurance companies For any kind of legal claims that would be taken up to court, most likely there’s an insurance company that would downplay your claim. It is the job of the lawyers to negotiate with the insurance companies. They will also be the ones responsible for any kind of policy details. From there, they would be the ones to determine the maximum amount of compensation that you can receive. They will represent you during your trial If your lawyers have gathered enough evidence to support your claim, they will be the ones to represent you when you’re at court. Toledo personal injury lawyers are very much familiar with any procedures when it comes to bringing your case to court. What Is Considered to Be a Personal Injury? In legal matters, the term “ personal injury ” refers to any civil action cases. A personal injury case would mean that the accused party is legally responsible for causing any kind of injuries. For any kind of personal injury case, the damages would be in the form of money that will be paid by the liable party. The scope of the definition of personal injury cases is quite broad. To sum it all up, these are all governed by the law of negligence. This would dictate the level of reasonable care that was owed to the liable party to the injured one. Some examples of personal injury cases are any kinds of injuries that are brought about by any defective product. There are also cases when there is a need to establish any kind of negligence or carelessness. Is Pain and Suffering a Personal Injury? To some extent, pain and suffering are considered to be a strong case for any kind of personal injury claims. Although the scope of pain and suffering is broad, there are two major types to differentiate one from the other. These types are physical and mental pain and suffering. For the physical pain part, this would pertain to any kind of actual physical injuries. This would include discomfort and pain brought about by accident. Mental pain and suffering, on the other hand, is more of an effect of the physical injuries. Most of the time, this would include any trauma or emotional distress that’s brought about by accident. Mental pain and suffering will also include fear, anger, anxiety, shock, and loss of enjoyment of life. If either of these types of pain and suffering would be one of the arguments that you intend to file, you should first consult your Toledo injury attorneys about it. They would be the best people to know whether or not the evidence that your party has at hand are strong enough for you to create the claims. Best Attorneys in Toledo If you’re looking to hire personal injury attorneys, the best one you could find in the Toledo area are from the Schuller Law Office. It’s understandable that you don’t know everything there is about personal injury cases. But you shouldn’t worry about this as your lawyer would handle it for you!
Premises Liability Lawyer - Schuller Law Office
11 Jul, 2019
Have you been bitten by an untied dog in someone’s property? Have you ever fallen off your neighbor’s slippery walkway? Or have you been hit by falling debris from a nearby construction project, after which you sustained an injury? If you answered yes to one or, God forbid, all of those questions, you may file a premise liability claim. When pursuing a premise liability claim, it’s important to hire a lawyer to handle your claim. This is because they have the necessary experience and knowledge to support your claim. He or she may be adept at gathering evidence and presenting a valid argument against the other party for you to win the claim. In the next section, we will talk about what premise liability is, what scenarios are eligible for a premises liability claim, and how complex the process of filing and winning a claim is. Premises Liability Claim in a Nutshell Simply put, premise liability states that property owners are liable for accidents and injuries that occur on their property. There are different kinds of incidents that may result in premise liability claims. These include falling in a commercial building or being exposed to toxic substances in an unregulated area. The general idea is that property owners are responsible for maintaining their property by removing hazards that can harm another person. However, certain conditions can invalidate liability, such as trespassers or someone breaking into your home. Other exceptions exist if the victim of the injury is under the age of majority for the state. Possible Premise Liability Claim It’s important to know which scenarios may be eligible for a premise liability claim. Such scenarios may include the following: ● Construction Site Negligence ● Dog Bites ● Hotel Accidents ● Parking Lot Accidents ● Slip and Fall Accidents The Complexity of the Claim Many of these claims are complex in nature. They require a specific understanding of even the minute details. This is why it is important to hire a lawyer who is well-versed in premises liability issues. To win the claim, your lawyer needs to prove that the owner of the land was negligent. Let’s take a look at the two essential aspects of pursuing a premise liability claim. ● Representation – Soon after a premise liability issue surfaces causing you an injury, you have to seek legal representation right away. You need to hire a premises liability lawyer to investigate the matter and help you win the claim. You can hire a lawyer to help you gather evidence. Your lawyer can help increase the strength of the claim and not scramble to file the case. It’s possible that you may end up settling out of court. This can bypass the length of time litigation requires and the extra costs of the lawsuit. That said, you have to discuss these matters with your lawyer and express the need to seek a quick resolution. ● Winning – Now, if you hope to win the claim, you need to prove that there was negligence on the property owner’s part. Your lawyer will handle your claim and will help you make your case. It should be apparent that the building or land is dangerous. The risks involved should be brought by the following: failure in maintaining the grounds, unsafe conditions due to lack of maintenance, the presence of hazardous chemicals; or other issues such as ice or snow that caused you to trip and fall. In the end, the court will assess if the claim is valid based on the aforementioned grounds. However, it will still consider the rationale of having to remove the danger and if the person was an invited guest or a trespasser.
Business Attorneys - Schuller Law Office
11 Jul, 2019
If you own a business, you cannot deny the importance of a professional and competent lawyer. They can ensure that your business follows the letter of the law while you focus on generating more revenue and growing your company. In this day and age, you have to make sure you’re honest and straightforward in the way you do business. Without a thorough understanding of the rules and regulations that govern your industry, you can get slapped with a lawsuit that will put your company in jeopardy. One thing you have to keep in mind is that there are different types of attorneys who can help you with different things. You need to employ the right lawyers who will help you stay afloat. That said, here are the five types of commercial attorneys every business owner should know about: 1. Contracts As the name suggests, these attorneys help draft your agreements and contracts to make sure that both parties uphold their ends of the deal. 2. Labor As a company, you will have to deal with your employees regularly, so you should have a lawyer who’s familiar with labor laws. 3. Real estate Your company will most likely have to deal with landlords or whatever government agency deals with real estate issues. The laws that govern these transactions can be rather complicated and the amount of paperwork you will have to process can be quite overwhelming. Therefore, it’s best to have a professional real estate attorney who can help you with the entire process. 4. Taxes and licenses Every organization will have to deal with taxes, even if you’re a nonprofit. As you may know, tax issues for commercial businesses can be extremely confusing and time-consuming. Therefore, it’s best that you have a tax specialist on your side, so you can avoid problems with the IRS. 5. Intellectual property Intellectual property (IP) laws are designed to help protect creators from having their work stolen, which is a problem that runs rampant on the internet. The regulations on these matters have become much more strict in recent years, as more and more people have turned towards the internet as a means to publish their work. If you have accidentally used another person’s IP they will most likely contact you as soon as they learn about it. They will ask you to take down the post and it’s best that you comply if they can prove that they are really the owner of that work. Stealing someone’s intellectual property is a serious crime. If you are involved in doing so, you can end up in jail if you get caught. Therefore, it’s very important that you have a lawyer who specializes in IP infringement to help prevent your company from being sued and to represent you in case someone steals your work. If you’re looking for a professional legal team to help protect your company, Schuller Law is your best option. Get in touch with us today to see how we can help.
Probate Lawyer - Schuller Law Office
11 Jul, 2019
Losing a loved one is hard enough. You’ll have to organize the funeral, pack up their things, and then grieve on your own when it’s all over. While you might be able to get by on your own during this difficult time, you’ll definitely need help with one thing: the probate case. Dealing with a probate case entails making sure your loved one’s will (which contains their last instructions and wishes, such as who they want to leave their possessions to) is followed to the letter. Probate cases should be handled by a specialist, which means you can’t hire a divorce lawyer or real estate lawyer. You need to work with a probate lawyer. By definition, a probate lawyer is a special type of legal practitioner that uses their education and experience in the industry to advise executors (the personal representative of the deceased or “decedent”) on how they can get their loved one’s affairs in order. The field of probate law requires a lawyer to have an acceptable level of specialized experience. Dealing with the distribution of a person’s estate according to their will can take time. You need to hire someone who knows how to do it properly, especially because the people involved can’t help but be emotional in situations like this. When getting a probate lawyer to help you with the last will and testament of your deceased loved one, you have two choices. You can hand the reins over to an experienced professional and let them handle your probate case, or you can try to do it on your own and just consult with them if and when you need to. What happens when you turn over your whole probate case to a lawyer? Letting a probate lawyer take over will make the process a whole lot smoother, but you’ll still be involved to a certain degree. If you put a probate lawyer in charge of your case, you can rest assured knowing that it’s being handled properly and that everything will work out fine. Having a professional prepare and file all the necessary paperwork is a sign that your case will be in good hands. While it may be rare among executors, having a probate lawyer on board will help ensure that everyone (including yourself) will get exactly what they are supposed to. Here are a few responsibilities you may have to take on (or assign to any other beneficiary or executor) during the whole process: ● Come up with an inventory of the property in the estate ● Deposit the original will with the appropriate probate court ● Have valuable property appraised, if necessary ● Order certified copies of the death certificate ● Prepare and file the deceased’s final income tax return ● Prepare and file an income tax return for the estate, if necessary Getting a probate lawyer as a coach, and how you can work with them A probate lawyer can also serve as a coach or consultant during the entire process, should you decide to handle it yourself. Most probate lawyers offer “unbundled services” (a term for limited legal advice or assistance) that you can take advantage of if you need any help. You can ask for help with specific questions, or help you figure out what you should do next. That has become a more popular option of late, as more probate courts provide fill-in-the-blanks probate forms that executors can simply fill out themselves. In order to work well with a probate lawyer, you’ll have to set some ground rules. Figure out who should do what in order to avoid doing more than what is necessary. Aside from working with a probate lawyer, you’ll definitely want to keep in touch with the other executors and keep them updated on how the process is going. That will help you should they suddenly object to how you’re handling things.
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