Establishing a Special Needs Trust

By establishing a special needs trust, one can set aside assets for a disabled loved one. Unfortunately, exceeding the permitted amount of assets can often impact the receipt of government benefits by the disabled and may leave you in need of a criminal defense attorney seattle. Those government benefits often pay for much needed medical care that otherwise could not be afforded by the individual’s family. When an estate planning attorney sets up a special needs trust, the individual can continue to receive the benefits that they need while the assets are held in the trust. The special needs trust enables the beneficiary to enjoy the use of the property that is held within the trust, yet continue to receive the government needs-based benefits to which he or she is entitled.

special-needsWithout a special needs trust, the recipient could lose those essential benefits and use up their assets much more quickly than anticipated. The special needs trust is designed to look out for the disabled individual and ensure that they get the services they need without losing all of their assets. A special needs trust protects assets while also protecting the individual to ensure they have access to the benefits they need as well as high quality medical care and treatment. Estate planning is designed to protect not only the individual who has set up the trust and other documents, but it will also protect their family and loved ones as well.

Proper Estate Planning

A special needs trust can be a detrimental part of estate planning, so you can rest assured that the future needs of your loved one will be properly addressed in the years ahead. Regardless of an individual’s financial situation or the number of assets, estate planning is important because it can make sure an individual’s needs are properly addressed and that his or her wishes are being followed. An attorney who handles estate planning can help you decide if your family can benefit from a special needs trust or some other form of trust.

Estate planning should also include a last will and testament and medical directives, which is also referred to as a living will. Unfortunately, many people wait until they are older or get in poor health before seeking estate planning advice. Because sudden illnesses and accidents do happen, any adult should do basic estate planning to ensure their wishes are followed and to protect their loved ones from added stress in the event that medical issues do arise and that decisions must be made for them in the future.

An Unusual Personal Injury Case

bikeIt was recently reported by the media outlets that a 52-year-old Manhattan woman had filed a lawsuit seeking $127,000 in damages from her nephew because she broke her wrist in a fall. She said that she and her nephew fell after he leaped to greet her during his 8th birthday party. She said as he leaped in the air to greet her, she had to catch him and at that time, they tumbled to the ground.

The minor was named as the only defendant in the case. She said he should have known better than leap at her in such a way and should be held accountable for his actions. She admits she didn’t complain about her wrist for the first couple of years after the incident, but after she didn’t see an improvement in symptoms, she believed the minor should be held responsible.

Can a Minor be Held Accountable?

In this case, the minor was listed as the only defendant in the lawsuit. While a minor can be held accountable for injuries and damages, it is usually the parents who are held responsible for the financial judgments against their child. In this case, the child’s mother had died before the court hearing. So the responsibility of the debt would have most likely fallen back on the father according to a Baltimore accident attorney.

The Ruling

When this case went before the jury, the ruling was in favor of the defendant. In this case, there were no indications that the boy knew his aunt would fall or be injured. He was simply excited to see her at his birthday party and ran to greet her. According to court documents, the boy jumped off his bicycle he had received for his birthday and ran to greet his aunt, screaming “I love you.”

The criminal defense attorney Seattle, argued he was a normal 8-year-old caught up in the moment and had no intent of causing his aunt to break her wrist during a fall. In this case, the jury agreed with the defendant’s argument. The plaintiff alleges that the broken wrist has had a negative effect on her social life and also makes it more challenging to climb up to her third floor apartment.

The jury agreed with the defendant’s attorney by feeling as though the child was not negligent. Instead, he was just an excited child who wanted to hug his aunt. The plaintiff made no comment after the ruling, but it was later said that the laws in the defendant’s state of Connecticut made the lawsuit necessary as homeowner’s policies won’t pay up until a lawsuit is filed.

What are the Different Kinds of Trusts?

Have you ever taken the time to think about how you want your money and property divided in the event of your death? Regardless of your age it is something you need to give some serious thought. By taking the time to sit down with an attorney, you can create the plan that best suits your needs and the needs of your family. With the proper planning and by setting up trusts, your lawyer will show you how your family can get the most out of your estate. After all, you don’t want it to go to the court for them having to divide it for you do you?

Revocable or Irrevocable Trust

Two of the most popular kinds of trusts are the revocable trust and the irrevocable trust. So what are the differences?

• Sometimes called a family trust, the revocable trust can be effective in getting your estate to avoid probate and reducing the tax liability of your estate at your death. The revocable trust has more advantages than a traditional last will and testament as it allows you to manage your own assets while you are living and then its ensures distribution as you desire after you die. You can name yourself as trustee of your trust or you may name another individual or an agency as trustee. You can make changes at any time, providing you are not deemed incapacitated.

• If you feel comfortable putting authority in the hands of the person who will benefit from your estate when you die, an irrevocable trust may be the right solution. The beneficiary must approve of any changes to the trust because after you move assets into the trust, they have been transferred to the beneficiary and you have given up rights. This keeps the assets in the trust out of your taxable estate at your death.

There are other kinds of trusts as well, but these two are the most popular. To learn more about estate planning and to decide which trust is best for your needs, consult with an estate planning attorney. If you don’t properly plan, your loved ones may have to pay out more in taxes and the probate court may take a significant amount of your assets for settling the estate for you. It is much less time consuming and less expensive to handle the planning yourself. It also relieves your loved ones from much worry and stress. For other types of criminal cases make sure to find the best sexual assault attorney for your money

Technology is changing the Legal World

We’ve all been affected by today’s technology in one way or another. Heading out to the movie store to pick up a DVD rental, buying a CD and even simple tasks like writing letters and sending them overseas are things that we no longer do as we once did, and it is all because of this great technology we’ve been given. The legal world, too, has experienced many changes as technology increases. Here we will take a look at some of the different ways that technology has affected the legal world, as well as some of the new changes that have taken place.

Social Media

socialmediaSocial media has enabled lawyers and law firms to closely interact with their customers, share legal news, offer advice, and advertise their business more effectively. There are tons of social media sties making this possible, including the popular Twitter and Facebook. In addition, social networking allows a legal firm to build new clientele and meet new people.

Websites

Law firms now can easily create a website that a potential client can use to learn more about the firm, their area of practice, and more. It eliminates quite a bit of headache for the average individual.

Virtual Law Firms

Although not catching on quite as fast as some of the trends, virtual law firms are becoming a new trend. Yes, you can hire a lawyer that doesn’t have an office, just expect the one that you see before your eyes on your computer screen. There are both pros and cons of a virtual law firm; consider them all if you desire to use a virtual law firm.

E-Discovery

Not only does it possess a totally awesome name, E-Discovery is helping many individuals. What exactly is E-Discovery? It is a new law that makes it possible for emails, texts, and other media stored electronically to be used during a litigation process.

E-Filing

In addition to E-Discovery, E-Filing is a new technology that makes life easier for both the lawyer and the individual in need of criminal or legal defense. With E-Filing, paperwork and other legal documentations may be submitted laconically. It saves time, money, headache, and hassle.

Final Thoughts

Law firms across the country are now using the technology that has been offered to them to make life easier and to better accommodate them during court cases. The technologies listed above are just some of the many that is now available for use.