Coping with a Wrongful Death

Posted by on Mar 13, 2015 in Family, Injuries | 0 comments

People often forget that human beings are just as fragile as any other living creature on this planet. People are made up of bones, muscle, and skin and from what was once ash will return to ash just the same. It can all be gone in the blink of an eye, vanish like breath on a mirror. But what some people also fail to recognize is that they have profound effects on other people just the same. The loss of one can ripple into a tidal wave, a hurricane of hardship and pain to a multitude of people.

Imagine then when a life that should have continued on for decades was abruptly and unjustly taken due to something that should have been completely avoidable? If you are directly connected to the loss, the grief and pain felt cannot be anything that any words in any language can be able to properly convey. One day, you wake up and everything is normal and all of a sudden, when you’re just about to go sleep, suddenly you realize that everything that transpired from that day has now changed for your life forever. That is what loss this close to home can do to you. And there is no recovery from something like this, when you lose someone due to an accident that should never have happened in the first place.

If you have evidence that suggests or proves beyond reasonable doubt that the event that caused the death was due to someone else’s intentional or ignorant negligence, then there is legal action that can be taken.

The website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A. states that to file a wrongful death lawsuit against the guilty party is in order to claim financial compensation that can cause strain to any family. There are the burial expenses as well as any outstanding medical bills that may have been a result of the accident as well. It is not only that but there are also the circumstances that surround the surviving family or beneficiaries if the deceased was their primary income earner.

If you or someone you know has been the victim of a wrongful death type of case, contact a professional immediately.

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Consequences of Not Making Child Support Payments

Posted by on Feb 7, 2015 in Family | 0 comments

Divorce will never end a non-custodial parent’s obligation to support his/her children, except, of course, those that have reached the age of emancipation, unless support is determined by the court as still necessary.

Child support is a major concern that divorcing couples will have to settle. If the spouses concerned fail to arrive at a mutual agreement, it will then be the court which will have to determine the amount of support that will need to be paid by the obligor or non-custodial parent. Being a legal matter, whatever decision to be arrived, whether through mutual agreement or court settlement, the spouses concerned will have to observe it or suffer contempt of court and face legal punishments, such as fines and imprisonment. The obligor or even the obligee, custodial parent, can request the court to make changes in the amount of support if the obligor’s financial circumstances have changed.

One common issue that has arisen during the past years regarding obligors is their sudden disappearance in an attempt to escape their responsibility. Obligors need to know that the Child Support Recovery Act (CSRA) was passed in 1992 for the purpose of determining the whereabouts of missing obligors, such as those who have fled to other states to escape child support payment. It is also necessary for obligors to know that, based on the rules observed by U.S. Passports & International Travel of the U.S. Department of State’s Bureau of Consular Affairs, anyone owing at least $2,500 in child support will not be allowed to acquire a U.S. passport until he/she has fully paid the amount.

One of the major reasons why courts allow modifications in support agreements is to save the obligor from the burden of paying a support amount which he/she can no longer afford due to changes in his/her financial situation. Such changes may be due to a sudden and/or unexpected medical condition, loss of job, and so forth. But whether the issue is modification of the support agreed upon or enforcement of the support agreement, it is always best to be recommended by a The Woodlands child support lawyer, who can help you deal with whatever legal need that you have to address.

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Keeping Your Beneficiary Eligible for Government Benefits

Posted by on Feb 2, 2015 in Estates, Family | 0 comments

Providing well for one’s beneficiaries, (children, particularly), is a major concern of every good parent. This concern increases if the beneficiary, a loved one that is, were suffering from a disability, which may be physical, intellectual or psychiatric. If these injuries were caused by another’s actions, they may be able to file a personal injury claim to help ease the financial burden as well.

Leaving money and/or property to a disabled beneficiary, however, needs very careful planning as miscalculated actions may only result to removal of government health care and financial benefits, such as nursing care from the Medicaid welfare program and the Supplemental Security Income (SSI), for your loved one. While leaving behind a house or even a car to your disabled child will not affect his/her eligibility to receive and enjoy Medicaid and SSI, leaving him/her cash, like a savings account, is a completely different story.

Though disability may render your child wanting of all the possible government assistance and benefits available, the cash that you will leave behind may have the effect that he or she is already safely covered. This presumption, though, can definitely be avoided to keep your child from being deprived of the benefits which may be rightfully his/hers. Through the drafting of a supplemental needs trusts, more commonly known as special needs trust, can this be possibly avoided.

The special needs trust is a means whereby parents or custodians can provide benefits for, and protect the assets of, their disabled beneficiary; it is recognized and allowed both by the state and the federal government. To keep your beneficiary’s eligibility to government benefits and assistance, the trust requires that all properties and cash intended for his/her future support be left under the special needs trust itself instead of being placed under his/her name directly. Though the trust will end eventually, upon the death of the beneficiary or when all the money have already been spent (by the beneficiary or in his/her behalf) it will never have any negative effect on his/her eligibility.

The person who will draft the trust also has the legal right to appoint whoever he/she wants to act as trustee, that is, the person who shall manage the property and the cash in behalf of the beneficiary. This legal right is partly meant to eliminate any possibility of issues of mismanaged trusts which explains is one of the many issues surrounding a trust and the usual basis of trust litigation.

The website of Peck Ritchey, LLC, mentions the different legal problems that can exist between the beneficiary and the trustee regarding the trust’s proper management – problems that often require the court to settle. In the event of legal issues regarding special needs trusts, seeking the services of a well-trained lawyer will definitely be among the best interests of the beneficiary.

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