Find answers to frequently asked questions about our practice areas below. If you have a question that isn’t answered here, please contact us for more information.
Another option that is more affordable is to tailor the scope of our involvement based on the following breakdown:
- quick reaction based on a limited review and certain express assumptions;
- review of only certain major documents applicable to the outcome;
- monitoring without direct participation by our attorneys;
- full participation in certain areas only; and
- lead counsel.
These various types of involvement can be discussed further to see if they apply to your situation.
Real Estate Questions:
Trusts & Estate Planning Questions:
Some of the major estate planning tasks we administer at the Aibara Reed Law Group include:
- Creating a will;
- Limiting estate taxes by setting up trust accounts in the name of beneficiaries;
- Establishing a guardian for living dependents;
- Naming an executor of the estate to oversee the terms of the will;
- Creating/updating beneficiaries on plans such as life insurance, IRAs and 401(k)s;
- Setting up funeral arrangements;
- Establishing annual gifting to reduce the taxable estate; and
- Setting up durable power of attorney (POA) to direct other assets and investments.
The “nature” of the assets in an estate is important because different types of assets transfer in different ways. Some assets may transfer because you have designated who will receive the proceeds at your death. Typically, these would include assets like: life insurance death benefits; retirement accounts; and annuities. You may also hold certain assets jointly with another individual, with “rights of survivorship”, so upon the death of one individual the remaining joint owner would receive the assets.
Regardless of the type of legacy asset, it is important to carefully consider how you want your final wishes fulfilled. Failure to plan, could mean that your heirs will need to go through a process called “probate” in which the courts take a much more significant role in determining how the proceeds of your estate are allocated.
- Birth or death of a family member or potential beneficiary;
- Divorce – whether it’s yours or someone identified in your estate plan;
- Change in your distribution plan; or your named agents;
- Change in your financial circumstances;
- Change in your property ownership; and
- A desire to change one of your named “fiduciaries” or alternate fiduciaries (e.g., personal representative, successor trustee, financial power of attorney; health care agent, etc. in your legal documents.
You should initiate a review under any of these circumstances. In addition, you should review your Estate Plan at least every three years to ensure that you are keeping up with any changes in the law. At the Aibara Reed Law Group, we will help to keep you on schedule and keep you informed when pending legislation might affect you.
Personal Injury Questions:
Without knowing the details of a situation it is impossible to state with any certainty, however, the civil law generally holds that the party who was injured (or their surviving family members) has a legal claim for recourse in a situation in which another party intentionally or negligently causes harm. Intentional misconduct provides an obvious scenario in which the other party causes harm on purpose. Negligent misconduct is much more nuanced, but generally refers to situations in which someone acts unreasonably. The latter is the most common form of civil suit filed for personal injury cases, and arises in several types of situations, for example: In a car accident, in situations where injury is caused due to a property owner failing to keep floors or grounds within acceptable walking condition; when harm is caused to medical patients or nursing room patients due to staff negligence.
In very specific instances a third party does not even need to have acted negligently in order for redress, including “strict liability” cases where dangerous products are created and later cause harm on those who use them.
Injured parties may not always have the knowledge to determine when they can make a legal claim, so the best approach is to share the details of your situation with a personal injury attorney. The Aibara Reed Law Group has certain provisions in place that protect our clients, so you won’t incur any risk by contacting us to explain how the laws apply in your specific situation.
If you decide to work with the Aibara Reed Law Group and we decide we can make a case, our attorney’s have the advantage of being able to settle a case in full. On the opposing side, you can rest assured that those representing the negligent party—often an insurance company—will be working to pay out the least amount possible, so you should have strong representation on your side as well.
As a result, an insurance adjuster will often visit you immediately following an accident in an effort to get you to accept a settlement for far less than you could recover with legal representation. People are frequently taken advantage of in these instances, when they are at their most vulnerable without adequate time to fully evaluate their options. The most prudent course of action is to fully consider your legal rights before signing them away in haste, or making a recorded statement that could later be used against you. Always seek legal advice first and foremost.
- First and foremost, immediately ensure the safety of those you’re with, including yourself, and if any injuries are apparent. If anyone is under the influence of drugs or alcohol, immediately call the appropriate authorities or medical response teams.
- Make as many notes as you can about the accident and your surroundings, taking into account certain details that might even seem insignificant like the weather, lighting and obviously any damage to the vehicles. Also write down the names of the drivers, passengers, and key witnesses.
- Note the owners of each vehicle and if they correspond with who was driving at the time of the accident. Write down pertinent information about the vehicles including license plate numbers, make, and model, and most importantly the insurance status of all the vehicles and people involved. For those individuals who aren’t registered, be sure to take down their names and home addresses as well. Get the names and badge numbers of any police officers who respond to the scene, and be sure to also record if anyone takes blame for the accident.
- Take as many photos as possible of the accident site in the event that they can be used in a claim. They can include any damage to the vehicles, license plates, evidence such as street signs or lights, skid marks, and any other evidence you think might be important, such as unclear road markings, faulty equipment, etc.
- Reach out to your lawyer and your insurance company as quickly as possible. If you have any concern about whether or not your insurance company will cover the accident, you will want to talk to a personal injury attorney before discussing the event with your insurance company. Keep in mind, however, that most insurance companies have policy requirements in place that mandate how quickly you have to contact them after an accident, and failure to comply could result in a rejected claim. If questioned before having the opportunity to speak with your attorney, be polite, but decline to discuss the accident until you’ve obtained legal advice.
- Make sure you get medical attention right away even if you appear to be fine. You may have latent injuries that could appear 24-36 hours later. Report all and any symptoms to your doctor, immediately, even if it’s a simple ache. Your insurance company will need proof that any problems that are diagnosed are related to the accident and treated promptly.
- Immediately contact an experienced lawyer who focuses on personal injury law in the event that they can get to the site and personally gather as much information as possible.
Corporate & Small Business Law Questions:
Contact us for answers to your specific questions:
We hope you have found these frequently asked questions to be helpful. If you have any further questions about how the Aibara Reed Law Group can help you protect your rights, do not hesitate to contact us at 877.311.7149 for more information.