What is the Probate Process in Pennsylvania?

Probate is the legal process used to administer and settle an estate in Pennsylvania. Knowing how the probate process works is vital if you are the executor of a will or a relative of someone who has passed away without a will. If you are creating an estate plan, an attorney can help you understand the basics of probate and help you craft a plan that meets your needs and protects your loved ones’ interests. 

The Purpose of Probate

The aim of probate is to collect an estate’s assets, settle any final debts, pay any tax due, and ensure that the remaining property is distributed to the decedent’s beneficiaries or heirs. When there is no will, the court appoints an administrator for the estate and their assets are distributed according to the laws of intestacy, which determine who will inherit the decedent's assets. 

Depending on the circumstances, probate can be a complex process. Although some estates can be wrapped-up in a few months, if there is no will or it is contested, settling an estate can take more than a year.  If you are unfamiliar with probate or anticipate problems or conflict surrounding a loved one’s estate, having an experienced attorney assist you with probate is vital to help the process run more smoothly and avoid errors.

Steps Involved in the Probate Process

Validating the Will

First, the executor of the will or personal representative of the estate is required to take the will, a certified copy of the death certificate, and a petition for Letters Testamentary to the Register of Wills in the county where the decedent resided. After it is determined whether the will is valid, the Letters Testamentary are issued and a fee is paid. The personal representative must also file a petition for probate, which asks the local probate court to open the case. If there is no will, Letters of Administration will be issued to the administrator by the probate court. The administrator is usually the next of kin, but it can be anyone depending on the particular circumstances. These documents give the executor or personal representative (i.e., the Administrator) authority to gather assets and act on behalf of the estate. 

Estate Administration

All of the assets of the estate are identified, located and gathered by the personal representative or executor. They also must publish a legal notice in at least one local newspaper and one legal reporter or newspaper of general circulation, which informs the public, heirs, beneficiaries and creditors that probate is beginning. Certification of these notices must also be filed with the court. After inventorying estate assets, the administrator pays all debts and taxes. If any estate property needs to be sold, the personal representative is permitted to do so, but must file periodic status reports with the court. A discount of 5% is given if Pennsylvania inheritance taxes are paid within three months of the date of death. The final tax return is due nine months from the date of death. 

Final Accounting and Distribution of Assets

When all matters have been resolved, a final accounting of the estate administration is prepared, and the remaining assets are distributed to heirs or beneficiaries. If there are any disputes by creditors or beneficiaries, or if there are any inconsistencies in the accounting, a formal accounting to the court may be required. A skilled probate attorney will oversee all aspects of probate, and can help you deal with any issues or conflicts that may arise. 

Whether you are creating an estate plan or need assistance with probate and estate administration, seeking the counsel of an experienced attorney in Pennsylvania can give you peace of mind and refine the process. 

This blog was originally posted on https://www.pa4law.com/what-is-the-probate-process-in-pennsylvania/

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Child Support for Children with Special Needs

Hashing-out child support issues can be challenging. They can be especially stressful when you have a special needs child who needs extra care or services. Many special needs children require help beyond the age of majority (typically 18), and parents often wonder how their child will be taken care of should they become unable to do so. Special needs children and adults are often eligible for government assistance, so if you are in the middle of a child support battle, it is important to hire the best child support lawyer you can find. An attorney should understand how child support payments can impact the benefits that a person with special needs receives from government programs, and ensure that a child support order does not put their eligibility at risk. 

Child Support Determinations

Many different things are taken into consideration when determining who will pay child support and in what amounts. Child custody arrangements, both parents’ income and earning potential, and other factors impact the amount a child receives. However, in cases involving special needs children, there may be additional expenses to consider, such as educational needs, at-home care, medical treatment, equipment, and medications. It is critical for your attorney to bring these issues to light during the initial support determinations to ensure the cost of your child’s care is fully covered.   

Modifications to Child Support Orders

Circumstances change, so it may be necessary to ask the court for a modification to your child support order. It is important to save all of your child’s medical and education records, receipts for treatment and care, and any other documentation of your child’s needs, such as reports from doctors, physical and occupational therapists, mental health professionals, and educators.  

Special Needs Trusts

Typically, child support payments stop when a child turns 18. In cases involving special needs children, courts may order that support continue into adulthood. Children and adults with special needs may receive Medicaid, SSI or SSDI, housing, and other government benefits, so making sure that child support amounts do not affect these benefits is vital. One way to do this is to create a special needs trust. 

What Is A Special Needs Trust?

There are two types of special needs trusts. A first-party trust holds assets that belong to the beneficiary, including child-support payments, damages awarded in a personal injury claim, and gifts made directly to the child. A third-party special needs trust holds assets that do not belong to the beneficiary, but are used for their benefit by the trustee. If you have a family estate planning attorney, you may want to consult with him or heer about which type of trust will best protect your child’s interests should you pass away or become incapacitated.  

It is important to note that Medicaid payback provisions apply to first-party trusts, and child support payments that exceed income amounts for SSI may jeopardize your child’s eligibility for these benefits. Funds in a third-party trust are not subject to these provisions, but may only be used for certain things to ensure the child is still eligible for benefits. Setting up a special needs trust the right way can allow parents to provide for a child while protecting the child’s ability to receive government benefits. 

How an Attorney Can Help

If you are considering divorce or need help with matters involving financial support for a special needs child, avoiding these potential pitfalls is essential. Reach-out to our experienced divorce attorneys here. We can help you understand your options and ensure that the final support agreement is written in a way that protects your child’s interests and any government benefits to which your child may be entitled.

This blog was originally posted on https://www.pa4law.com/child-support-for-children-with-special-needs/

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5 Vital Estate Planning Documents that Protect Your Legacy

Estate planning is not something most people like to think about, but due to the COVID-19 pandemic, many are creating or updating their wills and other important documents. Although you may believe that a will is sufficient for settling your affairs, it is only one piece of the estate planning puzzle. Having a lawyer help you create the following four vital estate planning documents can ensure your rights are protected and your legacy lives on as intended. 

1. Last Will & Testament

A will enables you to dictate how your property and assets will be distributed to beneficiaries following your death. It also gives you the opportunity to name an executor who will manage and settle your estate. If you have minor children or care for an adult with special needs, you can also appoint a guardian for them in your Will. 

When someone dies without a Will, things can become complicated for their loved ones. The probate court will appoint an administrator to handle your estate, and may also appoint guardians for any dependents. Your assets will be distributed according to intestate succession laws, which means your property may not be distributed according to your wishes. The settling of your estate through the probate process can take significantly longer without a Will. If you already have a last Will and Testament, make sure to update it regularly, especially following divorce or the death of a spouse or other loved one. 

2. Living Trust

Alternatively known either as a “Revocable Trust” or “Irrevocable Trust,” a Living Trust is a separate legal entity that is created to hold assets. Typically, this is done to prevent these assets from going through probate, to decrease tax liability, and/or for personal or family reasons. If the Living Trust is “revocable,” you can change the trust terms, transfer property in and out of the trust, or end the trust altogether while you are alive. Upon your death, the named trustee may continue to administer the assets in the trust, or terminate the trust, depending on your Trust instructions.

3. Advance Medical Directive

Also known as a living will, an “Advance Health care” Directive allows you to specify your wishes for end-of-life decisions such as CPR,  life support, and organ donation. Unexpected illness or incapacitation means that your family may have to make medical decisions without knowing what you would have wanted. This can lead to unnecessary conflict and emotional distress for your loved ones, and may even result in them making decisions that do not align with your wishes and values.  It also ensures that medical providers will follow your wishes in determining the kinds of medical treatment you receive.  In the age of COVID-19, Advance Health Care are more important than ever.

4. Power of Attorney for Finances

Another important issue to address is who will take care of your financial matters if you become incapacitated. In a Power of Attorney for finances, you can name an agent who will handle tasks such as paying bills, managing bank and investment accounts, buying and selling real estate, stocks, bonds, and other assets, filing and paying taxes, and other financial matters. Appointing a person you trust to make these decisions is crucial. If you are uncertain about who to name as your agent, an attorney can provide an objective perspective on who may be the best person to handle your health care and/or finances if you are unable to do so.

If you need assistance with estate planning or other legal matters, click here to contact an experienced attorney and get started.

This blog was originally posted on https://www.pa4law.com/5-vital-estate-planning-documents-that-protect-your-legacy/

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Types of Damages in Personal Injury Cases

When you have been injured or have lost a loved one in an accident, filing a personal injury claim against the at-fault party allows you to recover compensation for your damages. In most personal injury cases, damages are intended to “make the plaintiff whole.” Although no amount of money can change what happened, an attorney can help you understand the types of damages to which you may be entitled if you are hurt, or a family member is killed, due to someone else’s negligence. 

Economic Damages

Economic damages are measurable, objectively verifiable financial losses. Common types of economic damages include:

MEDICAL BILLS – Medical expenses such as surgery, hospital stays, physical therapy, rehabilitation, medications, and ongoing treatment can be costly, especially if an injured victim has sustained a catastrophic injury or is permanently disabled. If someone requires lifelong care or adaptive devices like prosthetics, it is important to accurately value future medical costs. Hiring an attorney can help to ensure you receive adequate compensation for both past and future medical expenses. 

LOSS OF INCOME – Damages for lost wages include compensation for work that a victim could have earned if they had not suffered an injury. If you are permanently unable to work due to your injury, you may also be entitled to compensation for loss of  future earning capacity.  

PROPERTY DAMAGE – You may be able to recover compensation for any property damage sustained in an accident that was someone else’s fault. For example, car repair or replacement.  

Non-Economic Damages

Also known as general damages, non-economic damages are harder to quantify – they are highly subjective and vary from case to case. It is critical to seek the counsel of a lawyer who knows how to correctly calculate and prove which general damages you may be entitled to recover. Types of non-economic damages include:

EMOTIONAL DISTRESS – People who are severely or permanently injured often suffer from mental anguish, anxiety and stress. 

PAIN AND SUFFERING – Those who suffer serious injury may experience chronic physical pain, which can make it impossible to enjoy or even perform everyday activities like taking a walk or playing with their children. 

EMBARASSMENT AND HUMILIATION – Reduced ability to function, disfigurement, lack of independence and other conditions can cause injured victims to suffer embarrassment and humiliation. 

LOSS OF ENJOYMENT OF LIVE – An injury can deprive you of the pleasure of participating in things you used to enjoy, such as social outings, sports, and hobbies. 

LOSS OF COMPAINIONSHIP OR CONSORTIUM – Wrongful death or personal injury can destroy marriages, friendships and other family relationships.

Punitive Damages

Punitive damages may be awarded if an at-fault party’s conduct was particularly outrageous, reckless or malicious. Punitive damages are not designed to compensate the victim – they are intended to punish the wrongdoer and discourage others from committing similar acts. Drunk drivers who cause injury in a car accident often end up being liable for punitive damages in addition to compensatory damages. 

How Are Damages Calculated?

Personal injury claims are complex. No two cases are alike, and the amount of damages you may recover depends on the extent of your injuries, how they have impacted your life, and other factors. There is no set way to calculate damages, but insurance companies and attorneys often use the "multiplier method" to determine the total amount of general damages, including pain and suffering. 

This means that they take the total dollar amount of economic damages and multiply it by a number that is typically between 1.5 and 5. Your attorney will determine an approximate value of your claim by looking at the evidence surrounding the circumstances and the impact of your injuries. Insurance companies try to undervalue or deny claims any way they can, so it is critical to have a skilled attorney who will fight to help you recover maximum compensation and make things right for you and your family. 

If you have been injured or have lost a loved one in an accident, an experienced personal injury lawyer can help you understand your rights and provide legal counsel you can trust. 

This blog was originally posted on https://www.pa4law.com/types-of-damages-in-personal-injury-cases/

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The Importance of Proving Negligence in a Personal Injury Claim

Whether someone is hurt in a car crash or injured in a slip and fall accident, the vast majority of personal injury claims require an injured victim to prove negligence. Learning about the legal concepts of duty of care and negligence can help you understand your rights and why it is important to have a seasoned attorney represent your interests. 

What is Negligence?

When someone fails to act with the proper amount of care that a reasonable person would exercise in the same situation, it is considered negligence under the law. Proving negligence goes hand-in-hand with the concept of duty of care, which must also be established in a personal injury claim. 

Duty of Care

People have a duty of care to act in a reasonable manner to avoid harming others. For example, when you get behind the wheel of a car you have a legal obligation to follow the rules of the road and drive safely. 

Achieving a positive outcome in a personal injury claim usually requires proving these four elements:

The defendant had a legal duty to the plaintiff to use reasonable care. For example, business owners have an obligation to keep their premises safe for all who enter. 

The defendant breached that duty by failing to act as a reasonable person should. For instance, a supermarket employee failing to clean-up a spill on the floor in a timely manner would be a breach of duty.

The defendant’s breach of duty caused injury or harm. In the grocery store scenario, a customer slipping and falling on the wet floor would be the “cause” of the injury. 

The victim suffered injury or losses that may be compensated by recovering monetary damages. Common types of damages include medical bills, lost wages, emotional distress, and pain and suffering are examples of damages. 

Gathering Evidence to Prove Negligence

Each case is unique, with multifaceted aspects that must be proven. Personal injury lawyers understand which types of relevant evidence are required to support the basis of your claim. For example, if you are involved in a car accident, evidence such as photos of the scene, pictures of your injuries, traffic camera footage, police reports, witness statements, and expert testimony from accident reconstructionists can help prove that another party was at fault for the crash and your injuries. When you are injured and trying to heal, collecting vital evidence and building your claim can be stressful and overwhelming. In cases where there is very little evidence, proving negligence can be daunting. 

Comparative Negligence in Pennsylvania

In Pennsylvania, the concept of comparative negligence is often applied in personal injury claims. This means that even if you are partially at fault for your injuries, you may seek compensation for damages as long as you were less than 51 percent at fault. It is critical to seek the counsel of an attorney in these types of cases. Insurance companies use all kinds of underhanded tactics to minimize or deny claims. If you are not knowledgeable about how comparative negligence may be applied, you may not recover any compensation for your damages at all. 

Personal injury cases are complex. After an accident or injury, it is vital to contact an experienced attorney as soon as you can to ensure your rights are protected. A lawyer can evaluate your case, advise you of your options, and help you move forward if a claim is warranted.

This blog was originally posted on https://www.pa4law.com/the-importance-of-proving-negligence-in-a-personal-injury-claim/

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Personal Injury Settlements Can Be Impacted Due To Covid-19

 

During the coronavirus pandemic, many people suffered injuries due to auto accidents, slip and fall accidents, and other ordinary accidents. If you were one of these accident victims, you may bring a personal injury claim against the responsible party. However, the COVID-19 closure of many offices and businesses, and other issues, may affect your case, according to top rated personal injury lawyers.

Please be aware that the court system has been shut down for the most part during the outbreak and is now slowly reopening. A personal injury case will take more time than usual to move through the courts. While it is true that most personal injury cases will be settled out of court, most cases undergo at least one court hearing before a satisfactory settlement is reached. You may need extra patience while awaiting such a court date.

Millions of Americans are feeling the financial strain caused by the pandemic lockdown. Perhaps you feel that you urgently need compensation for the injury you suffered in an accident, most particularly if you are unemployed. Although accepting a settlement quickly from an insurer would be tempting, avoid making this mistake. An early settlement offer is not the final offer, and it is in your best interest to wait. Consult with your attorney if you are under financial pressure to settle.

Should your case proceed to trial, you might encounter stronger resistance on the part of the insurer. The coronavirus pandemic has affected every business, and the insurance industry is no exception. Insurers will tend toward minimizing settlements and are likely to delay or use other tactics to keep their settlement costs down. Be prepared to proceed further into litigation than you might have expected previous to the pandemic.

If you are suing a business that is not currently insured, you are likely to face considerable challenges in collecting a settlement. An uninsured business may not be able to pay a settlement and may even file for bankruptcy. If that would happen, you would wait a long time to receive a settlement or you may never receive the full settlement amount.

If you have been in a car accident, it is possible that the other driver has not kept up with insurance premiums due to unemployment or the recession. The other driver may be uninsured, which complicates your situation as the injured party, according to car accident lawyers. You may need to pursue benefits through your own uninsured/underinsured motorist policy with your insurer. If this should be the case, remember that your own insurer is now an “adverse party” and not “on your side.” Consult with your attorney about the best strategies and practices.

It is important that you receive medical treatment for your injuries, and during the pandemic you may have felt reluctant to visit a doctor or hospital. You must seek medical treatment as recommended by your doctors. Documenting that you have received care is extremely important to your personal injury case. Of course, always follow CDC guidelines on wearing face masks, social distancing, and so on.

Even if you are actively seeking medical treatment for your injuries, you may find there are delays in receiving medical appointments because health care providers are overwhelmed with coronavirus patients. This could mean you should postpone filing or settling your personal injury case. Your attorney will guide you in these important decisions.

Personal injury cases are more complicated in the era of COVID-19. Don’t delay making an appointment with an experienced personal injury attorney to discuss your case and the critical next steps.

This blog was originally posted on https://www.pa4law.com/personal-injury-settlements-can-be-impacted-due-to-covid-19/

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All You Need To Know About Medical Malpractice Lawsuits For HIPAA Violations

 

We all know that the Health Insurance Portability and Accountability Act (HIPAA) protects our right to privacy of medical information. That is why doctors’ offices, medical labs, hospitals and pharmacies have changed some ways of doing things to protect our right to privacy, according to top medical malpractice attorneys. If one of these health care providers fails to protect your private medical information, can you sue for a HIPPA violation?

The short answer is no. HIPPA itself precludes any “private cause of action.” Even if the health care provider clearly did not abide by HIPPA rules and you suffered some harm as a result, a private individual cannot sue under HIPPA. Only the federal government can assess penalties against a healthcare provider for violating HIPPA.

If you believe HIPAA Rules have been violated, you (and all patients) can file complaints with the federal government and in most cases, complaints are investigated. The complaint must be filed with the Department of Health and Human Services’ Office for Civil Rights (OCR). Complaints must be filed within 180 days of when you discover the violation.

You may choose to file a claim anonymously, but know that OCR will not investigate the complaint unless you identify yourself and provide a way for OCR to contact you. Complaints can also be filed with state attorneys general, who are authorized to pursue cases for HIPAA violations.

After investigating, the ORC may take actions against the health system or provider. The severity of the actions will depend on several factors, such as whether the violation was an accident, how many individuals were impacted, and whether this is a repeat violation of HIPAA Rules.

Many complaints are resolved through voluntary compliance, by issuing guidance, or by the offending organization taking corrective action to resolve issues that led to the complaint. The Department of Justice may pursue cases if a criminal violation of HIPAA rules is suspected.

Although you may not directly pursue a HIPAA violation lawsuit, you may take legal action against a health care provider and seek monetary damages under state law, personal injury lawyers say. In some states, you may sue the health care provider on the grounds of negligence or for a breach of an implied contract. You would likely need to prove that you suffered some harm or damages due to the failure to protect your private information.

You should be aware that a lawsuit like this can be very expensive and time-consuming, with no guarantee that you will win. Health care providers usually are covered by medical malpractice insurance, and the insurers’ legal teams are known to drag out a legal case with the hopes that the plaintiff will give up.

Another way to take legal action against a health care system or provider who has failed to protect your private data is to join an existing class-action lawsuit. The more individuals involved, the stronger the case is likely to be.

If you believe your right to privacy has been violated, be sure to consult with an experienced attorney who is knowledgeable about medico-legal issues.

This blog was originally posted on https://www.pa4law.com/all-you-need-to-know-about-medical-malpractice-lawsuits-for-hipaa-violations/

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