Individuals tasked with carrying out a deceased person’s Last Will are referred to as an Executor. They are responsible with handling all present and previous financial transactions made by the deceased individual. Tasks include distributing all of the deceased assets to all named beneficiaries in the Will.

 Pay all Debts

Executors are responsible for overseeing that all debts incurred by the deceased are paid. All expenses, fees and taxes during the process are cleared and expenses maybe charged from the person’s assets. Beneficiaries also have the option for paying existing debts and expenses to keep all assets intact.

Distributing the estate

When all debts and expenses are cleared, the executor is tasked with distributing all remaining portions of the deceased estate to all qualified beneficiaries stipulated in the Will.

Notifying all Beneficiaries

The Executor is responsible for locating and communicating with all individuals and entities in the Will.

Caretaker of the Estate

Executors are charged with taking care of all remaining assets, investments and properties of the deceased. Responsibilities include application of insurance and making sure that all beneficiaries are not unduly stressed while waiting for the Wills execution.

Location and Identification of all assets and liabilities

All remaining assets of the estate are accounted for and an estimate on the estates value is made after deducting all debts and liabilities. All properties values must be documented and recorded. 

Accomplish all Income Tax returns

Included in the deceased person’s debts and liabilities are outstanding income tax returns. Executors must accomplish all forms and clear all outstanding payments.

Setup Trusts

Tasks include setting up trust funds for beneficiaries under 18 years or those with mental disabilities or physical impairments which render them incapable of making decisions. These trusts require years of administration, sometimes covering the remainder of the beneficiaries’ life.

Helpful tools and information on Probate Law: Adrian Philip Thomas, Public Attorney serving people in For Lauderdale, Florida.

The National Institutes of Health (NIH) defines traumatic brain injury as damage caused by a strong external force, such as a blow to the head. This differentiates it from acquired brain injury, which comes from internal causes such as stroke or infection. In the United States and worldwide, TBI is a leading cause of death for people under age 45.

Common symptoms

TBI victims typically show the following symptoms:

• short-term loss of consciousness (post-traumatic amnesia or PTA)
• memory loss for the period immediately before or after the event
• a change in mental state, disorientation, confusion, or lightheadedness
• loss of function in one or more areas of the body due to decreased brain function
• loss of balance or coordination

Moderate or severe TBI may cause additional symptoms, such as:

• PTA lasting more than 24 hours
• a Glasgow Coma Scale (GCS) level of 8 or less
• loss of consciousness lasting more than 30 minutes
• dilation of one or both pupils
• impaired speech and muscle weakness

 Causes of injury

Most cases of TBI are the result of accidents. This can be a strike to the head by a heavy object, or the head striking a hard surface such as the floor. In the United States, falls are the leading cause of TBI, accounting for 28% of cases. This is followed by motor vehicle accidents (20%), head strikes (19%), violence (11%), and bicycle accidents (3%).

Although medical causes are excluded from the definition, TBI can also be caused by non-external forces. The most common is whiplash, wherein the brain undergoes rapid acceleration and deceleration without any external stimulus. Motor bicycle accidents, particularly when the vehicle is hit from the rear, are the leading cause of whiplash-induced TBI.

Diagnosing TBI

TBI is usually diagnosed through routine neurological exams, magnetic resonance imaging (MRI), computed tomography (CT) scans, and electroencephalograms. However, since TBI does not always manifest as a medical emergency, some patients do not undergo these tests until a later stage. For legal purposes, the symptoms preceding the test, as well as the particulars of the accident, are taken into account to establish the existence and severity of TBI.

This article is for informational purposes only and is not intended as legal advice.

For more information: Law Offices of Elan Wurtzell, P.C. Serving clients in Plainview, New York

• a vehicle that has been sitting unused for a few days will need to be checked for insect nests in its fuel vent prior to driving. An insect nest will block the fuel vent and cause the vehicle to appear as if it is out of gas.
• Finally, here’s a big one. Always make sure that the vehicle’s brakes are check often. When applying an 18-wheeler’s brakes and vibration is felt or a squealing sound is heard, then it’s time to check the brakes. Poorly maintained brake systems will not only result in vehicle downtime – but it can result in a serious accident, as well.

These suggestions represent some of the things that a driver can do to properly maintain a vehicle. But it doesn’t stop there. Materials that are used to secure a load must also be checked as well as engine performance via regular tune ups. Truck accident statistics demonstrate the need to adhere to strict standards, when it comes to performance and vehicle condition. Some related truck accident statistics:

• The National Highway Traffic Safety Administration (NHTSA) reported in 1998, that 13% of all traffic deaths involved large trucks. Out of these fatalities, 78% were occupants of a vehicle other than the truck.
• Of the trucks that have received out-of-service violations, over 1/3 of them had brake-related issues. (reported by the Federal Highway Administration, in 1998)
• Combining a poorly maintained vehicle with fatigue can be a deadly combination. Federal regulations will allow a truck driver to drive up to 16 hrs. a day. However,
• Federal regulations allow drivers of large trucks to drive up to 16 hours a day. However, drivers can accumulate 60 hours in less than 5 days by alternating 10 hours of maximum allowed continuous driving with the minimum 8 hours non-driving time.

Please note that this article is for informational purposes only and is not intended as legal advice.

Truck accidents due to lack of maintenance can have many serious and long-term effects. If you’ve been involved in a recent truck accident, you may wish to contact College Station truck accident lawyers Todd Elias and Steven J. Gordon at their office in Houston, Texas.

Negligence
Negligence is the most common basis of compensation claims. If the accident is shown to have come from unsafe working conditions, one can sue his or her employer for negligence. Under workers’ compensation law, employers are liable based on strict liability: as long as safety standards are breached, the company will be considered negligent and will have to pay the damages due.

However, if one is found partially responsible for the accident—for example, he or she wasn’t wearing the recommended safety gear—claims based on negligence may be reduced or even waived. Many insurance companies will try to establish partial fault to reduce the settlement amount, but the victim’s negligence must be clearly proven.

General and special damages
As with most cases of personal injury, damages in construction accidents are usually classified as general or special. General damages refer to compensation for abstract losses, or those that don’t have given monetary values. Examples include physical pain, mental or emotional distress, humiliation, and loss of consortium. In court, these damages are usually determined by the jury based on investigation and expert testimonies.

Special damages, on the other hand, are easier to put in numbers. They include losses whose values can be calculated, such as lost property, medical bills, lost earnings or earning capacity, and transportation fares. Claimants are usually advised to keep receipts and bills in hand throughout the period of the injury to aid in verification.

Intention
While workers’ compensation holds the employer liable regardless of intent, there are rare cases where the accident is shown to be intentional or reckless—the employer knew of the dangers of the task and did not do anything about them. In this case, the victim can file for punitive damages. Unlike general and special damages, punitive damages are not meant to replace losses; rather, they “punish” the negligent employer and discourage them from repeating the offense.

This article is not intended as legal advice.
Learn more about construction accident claims at The Barber Law Firm. Serving clients in the Greater Dallas area.

Probate is the process by which an estate’s property is transferred to its creditors and beneficiaries. If the deceased left a Will, and it’s determined to be valid, the assets will be distributed according to the Will. If the deceased died without a Will, the Will cannot be located or is determined to be invalid then there are probate laws that determine how the estate will be distributed.

Some areas of probate litigation include challenging the contents of a Last Will and Testament, challenging a provision in a Will or challenging the appointment of a Personal Representative of the Estate. In many of these cases, a Probate Lawyer may be required to assist with the challenges presented.

Lack of Mental Capacity

Lack of Mental Capacity or Lack of Testamentary Capacity can be claimed when there is a belief that the person making the Will did not have the ability to understand how a Will distributes their assets, who would usually be the beneficiaries of their Will or if they didn’t understand the amount of their assets. Dementia, brain injury, mental illness and certain medications can all cause a person to lack the capacity to understand their Will.

Undue Influence and Duress

An undue influence claim can help to determine if the person making the Will was coerced by someone who was taking advantage of the decedent. Some examples of relationships that can lead to a trusted person having undue influence are parent/child, doctor/patient or a priest/member of parish relationship.

Duress is when a threat is made that compels a person to do something against their better judgment. It can be a threat of physical injury, or some kind of economic or monetary threat. Duress can also be a threat of some kind of social influence, for instance, threatening to tell people something the decedent didn’t want known.

Improper Signing of a Will

In the State of Florida, a Will must be signed by the decedent and two witnesses. The two witnesses must sign the Will in the presence of the now deceased and in the presence of each other. If it is determined that the Will was not properly signed, it will be found to be invalid.

Breach of Fiduciary Duty

The person appointed by the court to serve as the Personal Representative of the Estate has many duties and responsibilities. If they are not performing their duties, they can be challenged to step down and in some cases even be responsible for any funds that have been mismanaged or wasted.

There are many instances when a Florida Probate Attorney may be necessary. Florida Probate Law can be very complicated and an attorney that specializes in probate litigation can help you to understand your rights and responsibilities.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Probate Law in Florida.