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Estate Planning Strategy: The Essential Steps to Take for Planning Your Estate

Pennant Law • January 26, 2023

Death is an inseparable part of life, and the process of dying may be heartbreaking. Perhaps what can be more tragic is dying and leaving loved ones feuding over your legacy. Fortunately, you control many aspects of that process and how your legacy is passed on by creating an estate plan. The following few paragraphs will review the legal and practical steps you should take to plan for the final disposition of your life and legacy. 


Estate Planning: Inventory List

As they say, “failing to plan is planning to fail,” and irrespective of the size of your estate, everyone needs to create an estate plan. The first step is to take an inventory of the property in your estate. Taking stock of your property will better help you to decide what estate plan fits your needs. You can do this by listing the personal belongings and real estate that you, your spouse, or your partner own. Property such as your clothing, car, collectibles, television, laptop, homes, jewelry, furnishings, bank accounts, digital assets (i.e., airline miles, cryptocurrencies and etc.), and investments.


Lastly, list all of your creditors and debts. Identifying your assets and debts will give you an accurate picture of your estate and provide the foundation for choosing the best estate plan that fits your needs and achieve your objectives. 


Estate Planning: Wills and Trusts 101 

After taking inventory of your property, the next step in creating an estate plan is choosing which estate plan option best carries out your dying wishes, safeguards your assets, and then distributes them according to your instructions.


The three main options to distribute your property to its new owner through intestate (i.e., die without a will), testate (i.e., die with a will), or by a trust. The way your property gets distributed will depend on your wants. You want to avoid the courts probating and administration process. You want the distribution of your property to be private or public. You want your presumptive heirs to receive the property outright or periodically. You want to do nothing. If you desire to have privacy and more control and reduce tax liability, then creating a trust will benefit you more than creating a will. When it comes to estate administration/probate, as an estate planning and administration attorney, I’ve seen a lot of estate plans and estate documents over the years. Poor estate planning leads to loved ones being left out of an inheritance, family feuds, a lot of time spent at the courthouse, and high estate fees. Proper estate planning can mitigate all of your estate planning concerns, so choose wisely.


Estate Planning: Advance Care Documents

After choosing the estate plan option that best fits your needs, the next step is planning for illness, incapacitation, or old age. Statistically speaking, if you are under the age of sixty you are more likely to become disabled than you are to die. Understand that for any reason that you choose, as long as you are competent, the right to accept or refuse medical treatment is your own. However, seldomly do you consider who decides what should happen to you if you become incompetent or incapacitated and have not yet communicated your wishes. For that reason, every estate plan should include the following documents a health care power of attorney, durable power of attorney, and a living will. I like to call these your H.D.L. of estate planning, which is good to have because they help to protect you and your wishes when you are physically and mentally unable to do so. A healthcare power of attorney is a document that creates an agency relationship where you, the principal, choose an agent who can make healthcare decisions for you in the event that you become incapacitated or incompetent. A durable power of attorney is a document that creates an agency relationship where you, the principal, choose an agent who acts over your financial matters in the event that you become incapacitated or incompetent.


Finally, a living will is a document that expresses your healthcare desires to a physician in the event that you are in a terminal condition and are unable to communicate them. You may recall the notable but tragic story of Jean-Pierre Adams, a soccer superstar who spent 39 years in a coma after a knee injury gone wrong. Or, the sad and publicized legal story of Terri Schiavo, who spent 15 years in a coma before having her feeding tube removed by a Florida Court at her husband’s request. As those cases have shown, these advance directives decisions are an essential part of your estate plan.


How Can Pennant Law Offices Help You with Your Estate Plan?

At Pennant Law Offices, we plan for your future by creating a customized estate plan that best meets your unique needs. We will advise you on the best way to pass on a legacy that you desire. We provide a hands-on approach to educating you about your estate plan and the responsibility and roles of the people you choose to carry out your estate plan desires.


Contact your Charlotte Estate planning attorney Dwayne Pennant to develop your estate plan strategy. At Pennant Law Offices, PLLC, your rights and legacy are our passion.

The Importance of Seeking Medical Treatment After a Massachusetts Car Accident, and How Pennant Law Offices, PLLC Can Help

By Pennant Law • July 3, 2024
Car accidents can be traumatic experiences, leading to both visible injuries and less obvious ones that may take time to manifest. In Massachusetts, where road conditions can vary dramatically with the seasons, being involved in a car accident is not uncommon.  After such an incident, it's crucial for individuals to seek medical treatment immediately, not only for their health but also to strengthen any potential personal injury claims. Dwayne Pennant, the founding attorney of Pennant Law Offices, PLLC, is an experienced auto accident lawyer in Massachusetts who understands the intricacies of personal injury law and the critical role that timely medical intervention plays. Why Immediate Medical Attention is Crucial 1. Identifying Hidden Injuries Many car accident injuries, such as whiplash, concussions, or internal injuries, may not show immediate symptoms. Delaying medical treatment could lead to complications or chronic conditions that are harder to treat. Immediate medical evaluation ensures that all injuries, apparent or not, are professionally assessed. 2. Documentation for Legal Purposes Medical records serve as crucial evidence in personal injury cases. They provide a documented link between the accident and your injuries, which is essential when seeking compensation. Without this documentation, it can be challenging to prove that the injuries were a direct result of the accident. 3. Fulfilling Legal Obligations Massachusetts law requires that any car accident involving bodily injury or significant property damage be reported to the police. Receiving prompt medical treatment not only complies with legal requirements but also establishes an official record of the event and its impact on your health. 4. Mitigating Further Health Risks Prompt medical attention can significantly reduce the risk of long-term complications from injuries sustained in the accident. Early intervention is often key to a full recovery. How Delaying Medical Treatment Can Impact Your Claim Delaying medical treatment after a car accident can have several adverse effects on a personal injury claim: Questioning of Claim Validity: Insurance companies often scrutinize claims where there is a significant delay between the accident and the onset of treatment. They might argue that the injuries were not serious or were unrelated to the accident. Reduced Compensation: Delays can lead to a perception that the injuries were not severe, potentially reducing the amount of compensation awarded. Complications in Legal Strategy: Lack of immediate medical documentation makes it harder for your attorney to establish a clear, causal link between the accident and the injuries. How Pennant Law Offices, PLLC Can Help Dwayne Pennant and his team at Pennant Law Offices, PLLC specialize in auto accident law and understand the nuances of personal injury claims in Massachusetts. Here’s how they can assist you: Legal Guidance Post-Accident The moments following a car accident can be chaotic and confusing. Pennant Law Offices can provide immediate legal guidance on how to proceed, ensuring that you do not inadvertently harm your potential claim, such as by admitting fault at the scene or failing to gather evidence correctly. Handling Insurance Negotiations Dealing with insurance companies can be daunting. Dwayne Pennant has extensive experience negotiating with insurers to ensure that his clients receive the full compensation they deserve, based on the medical evidence and the long-term impact of their injuries. Comprehensive Claim Management From gathering the necessary documentation to representing you in court if needed, Pennant Law Offices handles every aspect of your claim. They ensure that all filings are timely and meet the stringent requirements of Massachusetts law, allowing you to focus on your recovery. Advocating for Full Compensation Pennant Law Offices diligently works to secure compensation not only for medical expenses but also for lost wages, pain and suffering, and other damages. They understand the profound impact a car accident can have on your life and advocate fiercely on your behalf. The Importance of Legal Expertise in Car Accident Cases Legal expertise is invaluable in car accident cases, particularly in Massachusetts, where the laws governing personal injury can be complex. An experienced attorney like Dwayne Pennant can navigate these complexities and work to ensure that your rights are protected. With a deep understanding of both the legal landscape and the healthcare implications of auto accidents, Pennant Law Offices is equipped to handle your case with the competence and empathy it deserves. Conclusion Seeking immediate medical treatment after a car accident in Massachusetts is crucial for both your physical recovery and the strength of your legal claim. Engaging with a knowledgeable attorney like Dwayne Pennant from Pennant Law Offices, PLLC can significantly enhance your ability to secure adequate compensation. Their comprehensive approach to handling auto accident claims ensures that every aspect of your case is meticulously managed, from initial medical treatment documentation to final settlement negotiations. If you’ve been involved in a car accident in Massachusetts, don’t hesitate to seek medical attention and legal support. Contact Pennant Law Offices, PLLC to ensure your rights are safeguarded and you receive the compensation you deserve. Visit Pennant Law Offices, PLLC for more information or to schedule a consultation.

The Impact of Cell Phone Use on Car Accidents in Massachusetts

By Pennant Law • March 28, 2023
The use of cell phones while driving has become an increasing concern for road safety in Massachusetts. Distracted driving is a leading cause of car accidents, and cell phone use is one of the most common forms of distraction behind the wheel. In this blog post, we will explore the impact of cell phone use on car accidents in Massachusetts and how Pennant Law Offices, PLLC can help those affected by distracted driving accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 2,841 lives in 2018 alone. In Massachusetts, distracted driving is a leading cause of car accidents, with cell phone use being one of the most common forms of distraction. The use of cell phones while driving can cause a range of distractions, including visual, manual, and cognitive distractions. Visual distractions occur when the driver takes their eyes off the road, while manual distractions occur when the driver takes their hands off the wheel. Cognitive distractions occur when the driver takes their mind off the task of driving. Using a cell phone while driving can cause all three types of distractions, making it one of the most dangerous forms of distracted driving. Texting while driving is one of the most dangerous forms of cell phone use while driving. Texting requires visual, manual, and cognitive attention, making it a highly distracting activity. According to the NHTSA, texting while driving is six times more likely to cause a car accident than driving while intoxicated. How Pennant Law Offices, PLLC Can Help If you have been involved in a car accident caused by cell phone use, it is important to seek the guidance of an experienced auto accident attorney like Pennant Law Offices, PLLC. Our team has extensive experience representing clients who have been involved in distracted driving accidents in Massachusetts. We can help you understand your legal rights and explore all options for recovery. Our experienced attorneys can handle all aspects of your case, including negotiating with insurance companies, filing legal claims, and representing you in court. We can help you obtain compensation for your medical bills, lost wages, property damage, and pain and suffering. In addition, Pennant Law Offices, PLLC offers a free consultation to discuss your case and provide you with the guidance and support you need. We understand the challenges and complexities of dealing with distracted driving accidents and are committed to helping you achieve a fair and just outcome. The impact of cell phone use on car accidents in Massachusetts is significant, and distracted driving is a leading cause of accidents on our roads. If you have been involved in a car accident caused by cell phone use, it is important to seek the guidance of an experienced auto accident attorney. Pennant Law Offices, PLLC can help you understand your legal rights and explore all options for recovery. Don't hesitate to contact us today to schedule a free consultation and learn more about how we can help you.
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