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The Legal Process of Probate

Posted by on Apr 6, 2015 in Probate | 0 comments

A will should go through a process called “probate” in order for it to be considered legally valid, and it is also the procedure how the will is going to be executed. As stated in the American Bar Association, anyone who has something to gain or lose from the will’s probate can be considered as an “interested party’ and can therefore file a petition for the probate of a will. The guidelines regarding the filing for a petition for a probate may differ from state to state and consulting with a lawyer first might be a worthy idea. If you are planning to file for a petition for probate, you should also need to file in the probate court your appointment as an executor. Some lawyers, like the Mokaram firm in Houston, have the professional experience needed to supply you with the help and resources you need.

It is generally understood, however, that the first step is filing the decedent’s will on the probate court at the county in he or she resided. Aside from the will, you should also include any codicils as well as your appointment as executor to the county court. Likewise, you should check whether you are allowed to file if you are not a resident of the state in which the decedent is a citizen of. Next, you should check whether you need to submit an executor’s bond when submitting your petition. This would depend on the practice of the state you are in or if it was requested by the decedent in the will whether sureties are necessary or not.

Make sure you certify that you have indeed sent copies of the petition for probate (and the decedent’s death certificate) to the Division of Medical Assistance. This can be done through certified mail. You have to put into the petition the interested parties, namely: (1) the next of kin and the heirs at law (but don’t mention the beneficiaries written on the will), (2) if there are no heirs at law or if there any bequests of charitable nature then the state attorney general should be listed, (3) when the decedent’s surviving spouse is deemed incompetent or is represented by you, then he or she would need to have a guardian ad litem in order to be listed, (4) when the pretermitted heir has a disability or a minor, then a guardian ad litem is also required, (5) if an interested party is actively serving in the military, then they can be given special provisions that would guarantee their representation. You are then required to send a copy of the court notice of the petition for probate to each of these parties, along with the all the devisees and legatees.

Make sure to indicate that the notice was published and mailed according to the court’s requirements and that you have filed the notice with the county probate court. After no objection to the allowance of the will has been heard from any interested parties, then you can request for the will to be allowed without testimony and it will be approved by court. As stated earlier, rules regarding litigation can vary from each state, thus it would be a wise decision to talk with a lawyer first before proceeding with any filing.

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Defective Hip Implants Harm Many Patients

Posted by on Apr 4, 2015 in Defective Product Lawsuits, Personal Injury | 0 comments

The DePuy Orthopedics has already produced about 200 products, and among them are three hip replacement systems aimed for the younger patients that will fit their dynamic lifestyles. They were made to address the issue of the device failing due to overuse, but the metal-on-metal makeup of the device has caused more health problems. The three hip replacement systems – Pinnacle Hip Replacement System, ASR Hip Resurfacing System, and ASR XL Acetabular System total hip replacement system – has brought about a number of distinct problems due to their design and make.

Among the most common complications of the DePuy metal-on-metal hip replacement systems were infection, metallosis, immobility and dislocation. This has left Johnson & Johnson, the head company of DePuy, to recall some of their hip replacement systems, but the metal-on-metal versions (such as the Pinnacle Hip Replacement System) were simply discontinued but not recalled from the market.

This has prompted many lawsuits to help injured patients to file for lawsuits against the manufacturer for their negligence and disregard for their patients. According to the website of Williams Kherkher, the injuries sustained are even believed to be permanent and could be life-altering for the patient. Because of the additional medical expense, pain and suffering, and diminished quality of life, those who have been patients of the DePuy hip replacement systems have the right to file for medical negligence, defective products or personal injury claim against the manufacturer.

Medical devices should be checked for their safety before being sold in the market to ensure that they are safe to use and will not cause any harm or risks to their patients. It is not only the FDA’s job to check whether the medical device is safe or not, the manufacturer should always put the safety and health of their patients when designing and making their products to avoid complications, especially in the long run.

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Bankruptcy due to Medical Debt

Posted by on Apr 2, 2015 in Finance | 0 comments

Despite the approval and implementation of The Patient Protection and Affordable Care Act, more popularly known as the ObamaCare since March of 2010, the cost of health care and health care services is still high. This, in turn, has not done much to reduce the number of people filing for Chapter 7 bankruptcy in order to help eliminate their stacking medical debt.

Under the Chapter 7 bankruptcy, medical debt is considered a non-priority unsecured debt. This would mean that the medical debt is not a perceived priority provided that the trustee is able to make payments to the creditors, and even if only a portion of the debt is paid during the bankruptcy and the discharge is given by the court, the remainder of the debt will be completely wiped out. Fortunately, there is no limit given on the amount of medical debts, but the requirements to qualify you for a Chapter 7 bankruptcy should still be met.

Always remember that the bankruptcy only wipes out the debts that occur during the filing of the bankruptcy. The website of bankruptcy lawyer Erin B. Shank, PC states that any debt acquired after the bankruptcy has been filed will not be considered a part of the ongoing bankruptcy. It is a better option to delay your filing for a bankruptcy if you think there is still a possibility of adding more medical debt to your present debts. However, you must also remember that you have certain limitations on the number of times you will receive a discharge following a bankruptcy filing as stated in the bankruptcy law limits. If you are still continuing your medical treatment and obtaining more debts, it would be a wise decision to delay your bankruptcy filing. Talk with a bankruptcy lawyer to weigh your options and determine which alternative will best work for your situation.

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The Risk of Rollover Accidents

Posted by on Apr 1, 2015 in Car Crashes, Personal Injury | 0 comments

Head and neck injuries are the most common and often deadly injuries that can occur in a rollover car accident. This is the main reason why car manufacturers are required to test out the safety features of their vehicles before putting them out to the market. Unfortunately for the manufacturers of the Ford Explorer, the roof supports were not strong enough to ensure the safety of the passengers inside the vehicle, and combined with the Explorer’s high risks of rollovers, it has lead to a great number of accidents, injuries and even death since its initial release in 1991.

A great majority of SUV crashes are due to rollovers, and because of the substantially poor roof supports they are more likely to cave in and crush. Cars that are lacking the safety of sturdy roofing support beams might be seen as high risk in the event of an accident. This might mean that they could be more pricey to insure. Insurance is a complicated industry though, you can obtain more information about rollover accidents by contacting your local car accident lawyer. The injuries that can occur to the driver and passengers inside a rollover accident that happens in a vehicle with minimal roof safety supports can be extensive, and they also can be life-threatening. Aside from serious head and neck injuries, a driver or their passengers can suffer from spinal cord injuries, paralysis, deep cuts and burns, and broken bones. Evidence has determined that the vehicle manufacturers knew about the dangers of the roof caving in due to poor support, but still sold the vehicle to the market. This makes them accountable to and damages or injuries that the driver or passenger suffers after an accident.

Aside from personal injury claims, the website of Franklin, WI car accident lawyers says that the manufacturer can be held accountable for product defect. This is because despite knowing the defects and weak roof support that their vehicle has, the still sold it to the market. They should be held responsible for their negligence and disregard for their customers’ safety. Various reports and studies have already proven the danger of the Ford Explorer’s roof caving in during a rollover accident. This is the kind of thing the manufacturer should know and inform their customers about the danger that might be in, as well as be held accountable for failing to ensure the safety of their customers.

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