Foreman Watson Holtrey, LLPForeman Watson Holtrey, LLP2024-03-18T18:27:25Zhttps://www.fwhlegal.com/feed/atom/WordPress/wp-content/uploads/sites/1203714/2023/09/cropped-FWH-Site-Icon-32x32.pngOn Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509472024-03-18T18:27:25Z2024-03-18T18:27:25ZThe executor of an estate plays a crucial role in ensuring the deceased’s wishes happen. While they can claim some expenses, it is effectively a voluntary role – unless the deceased instructed a professional to cover the role for a fee.
Yet, just because someone is taking on the role out of kindness rather than for reward does not guarantee they will do it well or honestly. While most executors do an honest and thorough job, the odd one won’t. They’ll either fail to carry out their duties properly or use their position to benefit themselves. What can you do if you suspect the executor of a loved one’s estate of this?
Determine if you have the correct legal standing to file a challenge
Only a limited group of people can challenge a will. So, if you suspect foul play and you are not one of them, you may need to share your concerns with one of them so they can take the lead.
Understand the consequences of a challenge
Emotions can run high during the weeks and months following a loved one’s passing. Make sure this does not cloud your judgment. If you are considering filing a contest or even mentioning your suspicions about the executor to others, you need to take time to reflect on whether it is the right move. Accusing someone, even if it later turns out you are correct, could cause deep family divisions. Taking impartial legal guidance to assess your situation is a sensible first move if you believe there are issues with an executor.]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509462024-03-18T18:26:25Z2024-03-18T18:26:25ZOnce you make an estate plan, you should review it every year or so to make sure it remains relevant. Yet the changes needed due to a divorce merit a revision then and there. Here are some updates that you should consider making when you end your marriage:
Updating the assets your estate plan mentions
Let’s imagine your estate plan says you would like to leave the beach house to your daughter and $200,000 of technology stocks to your son. If you divorce and need to sell the beach house or pass some of the stocks to your spouse, you can no longer leave them to your kids. So, you should update your plan to reflect only the assets you emerge from the divorce with.
Updating your powers of attorney
Did you name your spouse as your power of attorney for legal matters or health decisions? If so, you may want to remove them when you divorce and replace them with someone else.
Updating your beneficiary designations
Specific assets allow you to designate a beneficiary so that upon your death, the asset passes directly to that named beneficiary rather than going through probate. If you divorce and forget to change these, nothing you write in your will can stop these assets from going to the currently listed beneficiary when you die - even if you divorced them years ago.Remembering to update your estate plan after a divorce can save you and your loved ones trouble and distress in years to come. With appropriate guidance, you can do so more easily.]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509392024-03-06T23:43:47Z2024-03-07T23:41:53ZWhen a loved one dies and you’ve taken on the weighty-but-expected role of their executor, one of the first things that you need to do is find their original will.
While you may have a photocopy in your possession, the probate court needs to see the original will so that it can see the deceased’s actual wishes. If you’re unable to provide that original, the court will have to determine whether or not the copy should be considered valid – and that could create significant problems and delays when it comes to settling the estate. Where should you start looking? If the deceased didn’t tell you (or the will wasn’t where you were told it would be), here are some places to start:
A home office
A lot of folks have a small area where they do their bills, and many have home offices. Take a good look around the deceased’s home and see if you can spot places where they kept important papers. You may find the will tucked into a drawer or inside a filing cabinet.
Look for a home safe
This is another popular storage solution for estate plans. Many people are leery about keeping their important documents out where anybody can see them, so they may have installed a home safe inside a closet or behind a mirror and put their estate plan documents inside.
Check with the county clerk
The deceased may have done the most sensible thing possible and submitted their will to the county clerk to be recorded at some point before their death. A quick check with the clerk of courts in the deceased’s county might end your search.
Look for a safety deposit box
This could be complicated unless you have permission to view the contents of their safety deposit box. You may need a court order to get permission to check the box unless you were already granted that authority while the testator was alive.Don’t panic if you don’t immediately turn up the will – there are other places than those listed above that you can search. However, you may want to get a little early legal guidance so you can better understand the steps that need to be followed if the document never turns up.]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509382024-03-06T22:58:43Z2024-03-06T22:58:43ZYou may have heard that the biggest estate planning mistake you can make is to not have an estate plan at all – and that’s generally true.
However, there are other estate planning mistakes people commonly make that can create havoc for their loved ones after they’re gone. Here are a few of the biggest:
Just assuming a will is enough
A will is one of the basic building blocks of a good estate plan – but it’s only a starting point. You need to consider adding:
A trust, especially if you have minor children or significant wealth to pass on
Powers of attorney for health care and financial matters so that you have someone you trust to speak for you and direct your affairs if you’re incapacitated before your death
A living will that is designed to guide your medical providers (and your medical power of attorney) regarding your end-of-life care
A letter of intent that explains to your loved one your wishes for the disposition of small, sentimental objects or your funeral services
You may also want to consider adding a pre-paid funeral or cremation plan to your estate plans. Having all your final arrangements organized is a gift that you can give to your loved ones in their time of grief – and simultaneously ensure that your remains are handled the way you prefer.
Not updating your plan
When your life changes, your estate plan needs to change with it. Marriage, separation, divorce, the birth of a new child or grandchild and changing relationships between you and your loved ones should all be reflected in a regularly updated estate plan. If you aren’t reviewing things like your will, your powers of attorney designations, your nominee for executor and your beneficiary designations on your insurance policies and other accounts yearly, you may leave behind hopelessly outdated (and possibly useless) instructions.
Keeping all the details hidden
Talking about death (especially your own) can be hard, but keeping your beneficiaries and heirs in the dark about your estate plans is likely to create problems. Unless you’re vocal about your wishes, your loved ones may all end up with different assumptions about your wishes – and that can create a lot of familial conflicts later.If you haven’t gotten your estate plan together or you need to revise an existing plan, don’t fall into the trap of inaction. Legal guidance is available.
]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509372024-03-06T22:01:35Z2024-03-06T22:01:35ZCrash risk rises after the sun sets
Driving after dark is a dangerous decision, but it is one that many people have to regularly make. Those who work swing shifts or who commit to a second or third-shift schedule may often find themselves commuting to and from work when it is dark outside. Even those who generally maintain a first-shift schedule may have to drive after dark during the winter months or when handling family responsibilities.
Being out on the roads after dark increases someone's risk of a collision. Visibility issues are one concern. Drivers have a harder time spotting others in traffic, especially pedestrians and cyclists who don't have headlights to draw a driver's attention.
Fatigue is another issue. Even if a driver feels well rested, they might cross paths with someone who hasn't slept in quite some time. Drivers experiencing fatigue or exhaustion often display many of the same impairments that intoxicated drivers show. Additionally, certain types of animals may be more active after dark or during transitional times of day. Finally, there are more impaired driving collisions reported after dark as opposed to during the daytime.
Obviously, motorists can't just refuse to go out on the road after the sun sets. Still, they can make some adjustments to their behavior for improved personal safety. They can slow down, pay closer attention to the conduct of others and leave more space between vehicles to reduce their chances of a major crash on the nighttime roads.
Learning about the statistics that shed light on the contributing factors to major motor vehicle collisions may help people to make more informed decisions that can help them to stay safer when traveling by road.]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509362024-03-05T16:32:01Z2024-03-05T16:32:01ZAs the daylight hours continue to get longer, most drivers are glad to put the trials of winter behind them – but even as the ice and snow let up, drivers have to contend with a new issue: sun glare.
According to the National Traffic Safety Administration (NTSA), sun glare either causes or contributes to around 9,000 wrecks a year – which makes it a significant problem when you’re out there on the roads. So, how do you combat the problem? Here are some tips:
1. Use polarized sunglasses
Invest in high-quality polarized sunglasses designed specifically for driving. Polarized lenses help reduce glare and improve visibility by blocking horizontal light waves.
2. Get an extendable sun visor
Extendable sun visors or sun visor extenders can provide additional shade, helping to block the sun's rays from directly entering your field of vision. These can be especially helpful if you’re on the short side and your regular visor isn’t enough.
3. Keep Your Windshield Clean:
A clean windshield is essential for good visibility. Regularly clean the inside and outside surfaces of your windshield to remove dirt, smudges, and other obstructions that can intensify glare.
4. Set your rearview mirrors to “night” mode
Many modern vehicles come equipped with rearview mirrors that have a night mode. This feature reduces glare from headlights and can also be effective against sun glare.
5. Keep your headlight on
This might sound counterintuitive, but turning on your headlights during the daytime can make your vehicle more visible to others on the road.
6. Choose your route carefully
Whenever possible, plan your routes to avoid driving directly into the sun. While that may not always be possible (especially if you’re unlucky enough to be headed east on your morning commute), careful planning can help you minimize how often the sun is in your eyes.When a wreck happens on a bright, sunny day, it’s entirely possible that sun glare is a contributing factor – but you can still hold a negligent driver responsible for their actions.]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509352024-03-05T16:30:18Z2024-03-05T16:30:18ZProperty owners have a certain responsibility to the people they allow on their property – and that includes keeping them safe from more than just slips and falls. They’re also expected to take steps to mitigate other known dangers – including the risk of assaults.
Unfortunately, negligent security can be a serious issue in many places, and the results of a property owner’s attempt to cut corners and costs can be disastrous.
What does negligent security look like?
A lot depends on the situation. In a high-crime area where there have been frequent robberies and attacks, the security measures would naturally need to be more elevated than what you might find in a low-risk area without any history of problems. Here are some examples of what might be considered negligent security:
Insufficient lighting: Poorly lit areas in parking lots, stairwells and common areas can create an environment that makes criminal activity easier – and put patrons at risk.
Inadequate surveillance systems: Given how inexpensive modern security technology has become and how simple it is to install and maintain, the failure to have cameras covering entrances and exits to act as a deterrent to crime could be unconscionable.
Inadequate access control: Broken locks, malfunctioning keycard systems and the failure to stop unwanted elements from entering spaces where they could pose a threat to others. This can be particularly problematic in hotels, apartment complexes, college dorms and shopping centers.
Negligent hiring and training: If property owners or managers fail to conduct thorough background checks or provide proper training to their workers, it can lead to ineffective security measures. Unqualified or inadequately trained personnel may be unable to respond appropriately to potential security threats.
If you suffered injuries in an attack on another person’s property, negligent security may give rise to a valid premises liability claim. Learning more about your legal rights may make it easier to assess your options.]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509332024-02-21T22:47:46Z2024-02-21T22:47:46ZAre your parents still going to have outstanding debts when they pass away? It’s an important question to ask because you may be concerned about inheriting that debt. You know that you are going to inherit the assets your parents have in their estate when they pass away. But if they still owe on their home mortgage or credit card bills, will you also have to take on those obligations?
People are often concerned about this because they’re not sure how it will impact their personal financial situation. If your parents leave you unaffordable levels of debt, how are you supposed to handle it? But there’s good news: Debt is not inherited and you likely will not have to pay it off.
So what happens to the debt?
The estate executor is the person in charge of passing the assets in the estate on to the proper beneficiaries. As they do this, they start by taking an inventory of all the assets and the debts that the estate has.But rather than passing on the debt, the executor uses the funds in the estate to pay off what is still owed. This can help to cover utility bills, property taxes, income taxes and much more. The executor pays the debt from the estate’s funds prior to distributing the assets to the beneficiaries. In this sense, beneficiaries may lose money that they otherwise would have inherited. But that’s much different than inheriting the debt and having to pay it themselves. If this process does get to be complex, it is quite important to know about all of your legal options with so much money on the line.]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509322024-02-21T22:46:55Z2024-02-21T22:46:55ZWhen someone writes a will, it should express their genuine desires for what happens to their estate. They do this to help the remaining family members because, if the person died intestate, state law would take over and govern what should happen to their assets. A will can give that person the ability to make these decisions in advance, making things much easier for their family.
But if your parents are in the process of drafting an estate plan, you may be concerned that it won’t actually reflect their wishes. There are two ways that this can happen, which are similar and yet notably different.
A fraudulent will
Fraud is defined as an intentional lie, where something that is not true is purposefully stated. In the context of estate planning, this could mean that someone else wrote the will for your parents. There are some situations in which a parent passes away and then a beneficiary suddenly produces a “more recent” will that they have just located, which benefits them directly. But the reality is that they created this document fraudulently and tried to pass it off as the authentic one.
Undue influence
Undue influence, on the other hand, is if that person tries to pressure or manipulate your parent into writing a will that benefits them. They’re not trying to pass off a different document as the real one, but they are trying to alter the contents of the authentic document. They may use a position of power to do this, such as if they are the main caretaker for an elderly parent.These issues can complicate the estate planning process. It is important for those involved to understand all their legal options.]]>On Behalf of Foreman Watson Holtrey, LLPhttps://www.fwhlegal.com/?p=509312024-02-21T22:46:08Z2024-02-21T22:46:08ZIn some ways, auto technology has certainly made people better drivers. It makes them safer and prevents accidents. For example, a blindspot monitoring system can tell someone not to change lanes – and they may not have even seen a car in their blind spot if they checked their mirrors. In this way, the system itself can prevent the crash from ever occurring.
Unfortunately, there is also evidence that auto technology is making people worse drivers. Why is it that tech that is aimed at making people safer could actually be hindering their skills and leading to more accidents?
Overreliance
First of all, there’s an issue with overreliance on these systems. When people use them frequently, they start to trust them too much. For example, someone with a forward collision warning system may not properly monitor traffic ahead of them, just expecting the car to stop them before they get into an accident. Or someone who uses their backup camera every time they have to parallel park may suddenly be a hazard if they’re driving a different vehicle or if their camera is obstructed. They’ve never practiced parking without it and don’t know how to do so safely.
Looking away from the road
Finally, technology often means that drivers just have to look away from the road. It still takes mental energy and visual focus to monitor these safety systems. Tech has also introduced many more screens to modern vehicles, which can be distracting.If you’ve been involved in an accident and suffered severe injuries, you may be able to seek financial compensation from the driver who was at fault. Be sure you know what legal options you have.]]>