Author: Shannon Starr

Categories
Estate Administration Estate Planning

Estate Planning Basics

 An estate plan is essential for every adult, regardless of age or health status. Having a proper estate plan ensures that the needs of you and your family are met now and in the future. Here are examples of common estate planning documents:

Will

A Will is a legal document that says how to distribute your assets upon your death. The exceptions for such distribution are assets that transfer by contract (such as “pay-on-death” bank accounts and property held in joint tenancy with a right of survivorship).

There are also other functions a Will can perform. For example, you can nominate a Personal Representative. The Personal Representative carries out the administration of your estate after your death.

You can also designate a Guardian for your children. It is very important to decide who will be the primary custodian and caregiver for your children if both parents die or are unable to otherwise care for their children.

Advance Directives

In addition to a Will, documents referred to as “advance directives” are important for every person because they deal with difficult issues involving life, death, and incapacity. Advance directives include:

  1. General Durable Power of Attorney. This document allows you to name a person to make financial decisions for you in the event of incapacity.
  2. Advance Health Care Directive. This document provides for the appointment of a person to make medical decisions for you in the event that you are incapacitated and unable to make decisions for yourself.

Having a proper estate plan in place can give you peace of mind knowing your loved ones are provided for and protected.

The Law Office of Shannon G. Starr, LLC handles estate planning and administration. To learn more, or set up a consultation, contact Shannon at 574-299-6837 or shannon@sgstarrlaw.com.

Disclaimer – The content of this article is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case or circumstance. Every situation is different and you should consult an attorney if you have any questions about your situation

Categories
Auto accident Personal Injury

What to Know About An Auto Accident Claim

An auto accident can bring life altering injuries and large medical bills. It can be a very traumatic time.

Seek medical treatment as soon as you can after an accident. First and foremost, your health is most important. Also, if there is a gap in time between your accident and treatment of your injuries, the other side may try and say they are not related to the accident.

A personal injury claim has different types of damages. There are economic damages that are easy to calculate, including but not limited to hospital bills, physical therapy costs, and lost wages. However, there are also noneconomic damages that are harder to calculate, such as pain and suffering, permanent impairment, and loss of joy from doing a hobby. In addition, a variety of factors – including but not limited to circumstances of the accident, nature of the injuries, and state of the drivers, can influence the amount a case is worth.

Finally, Indiana is a fault state. That means the law takes into account who is at fault in determining what percentage of damages you should be financially responsible for. If you are less than 51 percent at fault for the accident, you can recover a portion (if not all) of your damages from the other side.

The Law Office of Shannon G. Starr, LLC handles auto accident cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.

Disclaimer – The content of this article is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case or circumstance. Every situation is different and you should consult an attorney if you have any questions about your situation.

Categories
Personal Injury Premises liability

Understanding Indiana premises liability law

Common examples of premises liability cases include: slip and falls; dog bites or other animal attacks; exposure to toxic substances; falling objects from store shelves or construction scaffolds; fires; electrocution from exposed wiring; assaults due to negligent security; and failure to mark or identify hazardous conditions.

Under Indiana law, your ability to pursue a premises liability lawsuit will depend on your status as a visitor to the property, and the duty that the owner or occupier owed to you based on that status.

As a visitor, you may fall into 1 of 3 categories – invitee, licensee or trespasser. The property owner owes the highest duty to invitees. The duty owed to invitees is to fix any dangerous condition or warn the invitee about the danger, if not obvious. Property owners owe lesser duties to licensees and trespassers. However, property owners could be liable even for trespassers, for example, by intentionally placing hidden dangers or traps on the property.

Damages may include medical expenses, lost wages, pain and suffering, loss of consortium, and punitive damages.

The Law Office of Shannon G. Starr, LLC handles premises liability cases. To learn more, contact Shannon at shannon@sgstarrlaw.com.

Disclaimer – The content of this article is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case or circumstance. Every situation is different and you should consult an attorney if you have any questions about your situation.

Categories
Eminent Domain Real Estate

Understanding Eminent Domain

Eminent domain is the process by which states and localities have the right to condemn and force the sale of private property usually in order to serve a public purpose. Condemnation is the act of a government exercising its power of eminent domain.

The government must have both a legitimate public purpose for the taking of the property and also pay a property owner a fair market value for the land it is condemning. A legitimate public purpose can be acquisitions for roads, parks, airports and schools.

A property owner will learn their property is sought for acquisition by receiving a notice in the mail. Before bringing a eminent domain proceeding, the government is required to enter into purchase negotiations with the property owner. The property owner does not have to accept the offer.

The property owner has a right to challenge the determination of the value of the property. The valuation of the property is one of the most important parts of the case. Valuations should be made by expert appraisers. Legal counsel should also be consulted through the process.

If the property owner rejects the offer from the government, the government then files a complaint. At that point, the procedure and legal steps for an eminent domain case can be complex. It is important to consult with an attorney at the beginning of the eminent domain process to make sure your rights are fully protected and that you fully understand the process.

The Law Office of Shannon G. Starr, LLC handles eminent domain cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.

Disclaimer – The content of this article is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case or circumstance. Every situation is different and you should consult an attorney if you have any questions about your situation.

Categories
Personal Injury Wrongful death

What is a wrongful death claim?

“Wrongful death” is when someone dies due to the misconduct or negligence of another party.  When a loved one dies as a consequence or misconduct of another, it can be devastating. There is no way to truly compensate for the loss of a loved one.

There are different circumstances in which wrongful death can arise. These include car accidents, medical malpractice, premises liability, construction accidents, birth injuries, workplace accidents, and defective products.

Indiana has 3 types of statutes governing wrongful death suits. These include –

  • General Wrongful Death. This type of case involves the death of a person who has a spouse and/or dependents. It is brought by a close family member or other personal representative of the estate. You may seek compensation to cover medical and hospital bills, funeral and burial expenses and lost earnings. Only the victim’s spouse, dependent children or dependent next of kin may recover damages for lost earnings.
  • Adult Wrongful Death. This involves a deceased person with no spouse and/or children and is also initiated by a personal representative of the estate. The personal representative may seek compensation for medical, hospital and funeral expenses and loss of love and companionship. There is generally no recovery for lost earnings.
  • Child Wrongful Death. This type of lawsuit is initiated by the parent(s) or guardian(s).

You have 2 years to file a wrongful death claim, so it is important to speak with an attorney promptly because of the time required to investigate and gather evidence. The Law Office of Shannon G. Starr, LLC handles wrongful death cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.

Disclaimer – The content of this article is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case or circumstance. Every situation is different and you should consult an attorney if you have any questions about your situation.