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Jonathan Barlow

Clear Counsel Law Group / Jonathan Barlow
legal rights of bikes

Legal Rights of Bikes and Cars, What to Know

With the growing popularity of the biking, there have been more and more accidents involving automobiles and bicycles.  The following is a simple discussion of the legal rules and regulations that apply to bicyclists and motorists.

 

Rules Regulating Motorists/Legal Rights of Bikes

The Nevada Revised Statute below explains the duties and responsibilities motorists have with respect to cyclists.

      NRS 484B.270  Vehicles, bicycles and electric bicycles: Driver’s duty of due care; additional penalty if driver is proximate cause of collision with person riding bicycle.

 1.  The driver of a motor vehicle shall not intentionally interfere with the movement of a person lawfully riding a bicycle or an electric bicycle.

2.  When overtaking or passing a bicycle or electric bicycle proceeding in the same direction, the driver of a motor vehicle shall exercise due care and:

(a) If there is more than one lane for traffic proceeding in the same direction, move the vehicle to the lane to the immediate left, if the lane is available and moving into the lane is reasonably safe; or

(b) If there is only one lane for traffic proceeding in the same direction, pass to the left of the bicycle or electric bicycle at a safe distance, which must be not less than 3 feet between any portion of the vehicle and the bicycle or electric bicycle, and shall not move again to the right side of the highway until the vehicle is safely clear of the overtaken bicycle or electric bicycle.

3.  The driver of a motor vehicle shall yield the right-of-way to any person riding a bicycle or an electric bicycle on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles or electric bicycles except:

(a) When entering or exiting an alley or driveway;

(b) When operating or parking a disabled vehicle;

(c) To avoid conflict with other traffic;

(d) In the performance of official duties;

(e) In compliance with the directions of a police officer; or

(f) In an emergency.

4.  Except as otherwise provided in subsection 3, the driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for bicycles or electric bicycles.

5.  The driver of a motor vehicle shall:

(a) Exercise due care to avoid a collision with a person riding a bicycle or an electric bicycle; and

(b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.

6.  If, while violating any provision of subsections 1 to 5, inclusive, the driver of a motor vehicle is the proximate cause of a collision with a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653

7.  The operator of a bicycle or an electric bicycle shall not:

(a) Intentionally interfere with the movement of a motor vehicle; or

(b) Overtake and pass a motor vehicle unless the operator can do so safely without endangering himself or herself or the occupants of the motor vehicle.

 

Sorry to subject you to all that legalese.  Yet the statute provides some good information! Automobile drivers have a responsibility to “exercise due care” in their interactions with bicyclists.  This means that drivers not only may not force bikes off the road at their pleasure, but in fact, do everything possible within reason, to protect bicyclists as fellow motorists.  For example, when a motorist wants to pass a bicyclist, he or she must (if possible) move into the left lane of the road, or pass with at least three feet of clearance.

 

Rules Regulating Cyclists

Because Nevada law considers bicycles to be vehicles, cyclists are subject to rules of the road in a similar way.  The Nevada DMV advises cyclists to:

  1. Ride on the right side of the road. Although riding two abreast is permitted, it is advised that you ride single-file in high traffic areas.
  2. Obey the traffics laws as if you were driving a car.
  3. Ensure they have functioning brakes.
  4. Not cling to vehicles.
  5. Use hand signals when appropriate.
  6. Ride at least three feet away from parked cars.
  7. At night,
    1. Have a white lamp in front of the bike visible from five hundred feet.
    2. Have a red tail reflector visible from three hundred feet.
    3. Have reflective material on the side of the bike visible from 600 feet.

In addition, Nevada law does not require cyclists to wear a helmet, although the National Highway Traffic Safety Administration says wearing a helmet may reduce head injury by up to 85%.  Anyone living in Las Vegas has to like those kind of odds.

Nevada Law / Personal Injury - 05/17/2015
nursing home abuse

Nursing Home Abuse: The Facts

There are federal and state laws regulating nursing home abuse and neglect.  The most relevant federal law is the Nursing Home Reform Act of 1987.

 

Nursing Home Abuse and the Nursing Home Reform Act

Under the Nursing Home Reform Act, nursing homes are not eligible to receive funds from Medicaid and Medicare unless they are certified by the state to be in compliance with the act.  The act includes a Residents’ Bill of Rights which states residents have:

 

  • The right to freedom from abuse, mistreatment, and neglect
  • The right to freedom from physical restraints
  • The right to privacy
  • The right to accommodation of medical, physical, psychological, and social needs
  • The right to participate in resident and family groups
  • The right to be treated with dignity
  • The right to exercise self-determination
  • The right to communicate freely
  • The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility
  • The right to voice grievances without discrimination or reprisal.

 

Although the Nursing Home Reform Act is federal law, enforcement of the provisions is done by the state of Nevada’s Bureau of Health Care Quality and Compliance (HCQC).  The complaints are prioritized by determining the potential harm to the resident in question.  The three classifications of harm are:

  1. Substantial harm: when the senior is in immediate jeopardy, the investigation will begin within 48 hours of receiving the complaint.
  2. Minimal harm: This type of complaint is given “medium priority” by the HCQC and will be investigated within 45 days.
  3. No harm: This classification is given the lowest priority and is investigated by the HCQC as their resources become available.

 

The HCQC classifies the type of harm based upon an evaluation of the abuse described in the complaint.

Nevada law defines abuse as “the willful and unjustified infliction of pain, injury or mental anguish or deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of an older (60+) person.”  NRS 200.5092

 

  • Nevada law classifies four types of nursing home abuse: Abuse (physical and mental), neglect, exploitation, and isolation.
    • Abuse
      • Physical abuse is defined as
        • Serious or unexplained injury
        • Sexual assault
        • Inappropriate physical or chemical restraint
        • Over or under medicating a resident
      • Psychological abuse is defined as verbal
        • Assaults
        • Threats
        • Harassment
        • Humiliation
        • Intimidation
    • Neglect is an intentional or unintentional failure to provide necessities such as
      • Food
      • Clothing
      • Shelter
      • Necessary services like medical care and personal hygiene
    • Exploitation is a violation of trust in the relationship between a resident and a person responsible to care for his or her financial well-being.
      • Where a guardian may use deception, intimidation, or undue influence to obtain control of assets illegitimately.
    • Isolation is intentionally preventing, without justification, of residents from
      • Receiving phone calls
      • Receiving mail
      • Receiving visitors

 

Employees of nursing homes are required by law to report any of the violations listed above.  If you need to file a complaint to the HCQC, you can do so online at this link: HCQC Complaint Form

If you have any other questions or concerns, please contact us at Clear Counsel Law Group at (702) 522-0696.

Nevada Law / Personal Injury - 05/16/2015
What-Is-a-Personal-Injury-Case

What Is a Personal Injury Case?

Unfortunately, accidents can  happen just about anywhere. Who has not slipped on their own kitchen floor when it was wet? However, when those accidents happen with someone else at fault, and you suffer an injury or harm, there may be a personal injury case. In addition, harm may not necessarily be physical, it can be emotional or mental. What constitutes such a case, and what should you know?

Grounds

First and foremost, there must be grounds for the case. That is, the injury or harm you sustained was the fault of another party, whether another individual, a business, an organization or a government agency. Generally, the fault comes from something like negligent actions – not clearly marking a wet floor, for instance. However, there are other possibilities, including intentionally causing harm through threat or violence, for example.

Establishing Negligence

Many, not all, personal injury cases are negligence actions. In this situation, you must prove that the other party was negligent, which requires that all four specific elements of a negligence case be present. These are duty, breach, causation and damages. Duty is the legal obligation of an individual or company to provide a standard of reasonable care. Breach is the act of failing in that duty. Causation is proof of harm stemming from the breach of duty. Damages refer to the extent of harm caused.

Statute of Limitations

All personal injury lawsuits are subject to the statute of limitations. There is a time limit after which you will no longer be permitted to bring a personal injury lawsuit. Each state sets its own statute of limitations; Nevada, for example, requires the lawsuit to be filed within two years of most injuries, (this does not apply to all personal injury cases, consult an attorney with your specific facts and questions). It is always best to contact legal counsel soon after your incident to ensure any necessary legal action is taken in a timely manner.

How Do These Cases Move Forward?

In personal injury cases, the injured party will consult an attorney, after which the attorney will determine the best course of action to make the injured party whole again.  The attorney will contact the legal counsel of the person who caused the harm, and they will try to reach a settlement.  A majority of cases are resolved through this type of negotiated settlement.  However, if an agreement cannot be reached, the attorneys will go to court to argue the case before a judge.

Have You Been Injured?

If you have been injured through little, or no fault of your own, you may have a personal injury case. A qualified personal injury attorney can evaluate your case and help you determine if legal action is the right decision for your specific situation. Make sure you choose the right attorney, though. Consider their history, experience, expertise and the results they have obtained for past clients before making your final choice.

Nevada Law / Personal Injury - 05/15/2015
Pet trust, estate planning, dog trust

Is a Pet Trust Right for You?

 

According to news reports, hundreds of thousands of pets each year are left homeless after their owner dies without specifying how the pet should be cared for.  Certainly, this omission is not a product of pet owners not loving their little, fury family members. Often, it is because pet owners overlooked the matter during estate planning.  Do not let this happen to you! More than forty-five states permit pet trusts (including Nevada), making this a great option for you and your family.

 

Elements of a Pet Trust

A pet trust requires these four elements:

The trustee: The person responsible for the trust.  It is best to select a trustee that will be vigilant in ensuring that the money is being spent responsibly.

The caretaker: The person assigned by the trust to care for your animal(s).  The trustee and the caretaker can be the same person; however, it is advisable for each position to be separate person (for increased accountability, see below).  It is best to designate a second caregiver just in case the first person is unable to care for your pet.  To be even more thorough, you may want to designate an organization, like the SPCA, to care for your pet in case the caretakers selected are unable to carry out their functions.

The pet(s): You will want to be specific in stating if the trust applies to one or all of your animals.  If you want more than one animal included, it is best to describe each and not use broad phrases like “all my pets.”

The remainder beneficiary: The person that will inherit the remaining amount of money once the pet has passed away.  A pet trust may not be extended to cover the living expenses of the offspring of your pet, so this is an important element.

 

How Much Money Needs to Be Allocated?

To determine how much money needs to left in the trust, you will need two estimates:

  1. The approximate life-span of your pet.
  2. The amount of money it costs each year to care for your pet.

An animal healthcare provider can assist you in estimating these amounts, although it is fairly probable that you know better than anyone exactly what your pet’s dietary needs are.  Once you have an estimate of each of these amounts, just multiply to determine the total.   It is best to be conservative in your estimates as you do not want your pet’s living expenses to be underfunded.

 

A Pet Trust Creates a Binding Obligation

If you were to leave instructions with a family member or friend stating how to care for your pet, there would be no legal recourse to ensure that your pet receives the care you desire.  However, with a pet trust, you are creating a legal obligation for the caretaker to follow the terms dictated by the trust.  If the caretaker does not abide by these terms, he or she may be taken to court, where a judge might enforce the terms of the trust, or transfer responsibility of your pet to the other caretaker listed in the trust.

 

Estate Planning / Nevada Law / Probate / Trusts - 05/15/2015
elder1-450x450

Elder Financial Abuse – What You Need to Know

One of the most serious problems confronting our growing elderly population is the risk of elder financial abuse. Elder financial abuse is defined as the use of unfair or deceptive practices that financially exploit and rob the elderly of the money that they spent their whole lives saving. In fact, it is already a widespread problem affecting people across the country. According to Consumer Reports, only 1 in 44 acts of abuse is ever reported, and the rate of elder abuse continues to grow.

Who Commits Elderly Financial Abuse?

One of the scariest things about this crime is that it can be perpetrated by almost anyone who is in direct contact with the victim. Most frequently, this abuse is committed by close friends and family, but caregivers and other helpers also have the ability to steal from their elderly patients. According to the National Adult Protective Services Association, elderly financial abuse can be committed by:

  • Caregivers
  • Family
  • Friends
  • Attorneys
  • Neighbors
  • Bank employees
  • Priests
  • Medical professionals

How Can You Prevent It?

The financial exploitation of the elderly is a serious problem, but fortunately there are steps you can take to make sure that you do not become a victim. Firstly, you should make sure you have trustworthy professionals who will help you manage your estate. CPAs and certified financial planners can help you manage your retirement accounts, but you also want to hire a reliable estate planning attorney such as one of the many at Clear Counsel. A good estate planning attorney will help you write power of attorney documents, as well as will documents. With their help, you can also establish trusts and structure them so that your relatives’ access to the money is controlled or limited.

When your attorney is helping you craft your power of attorney, you want to give a lot of thought to who you should give that power. That person is legally obligated to act in your best interests, but with the power of attorney, he or she will have the ability to manage your money without your supervision. That is why it is critically important that you assign power of attorney to a family member who is very trustworthy. Consumer Reports recommends that you give that power to a family member who is financially secure and more detached from you instead of the family members who are closest to you. That may reduce the risk of abuse, but it always depends on the situation. It is also possible to assign a separate relative or friend to monitor the person who has power of attorney and that will give you greater protection and control over the situation.

It is also a good idea to set up most of your recurring payments as direct deposit. Payments such as those that come from pensions, Social Security, and tax refunds should go directly to your bank account. That will reduce the risk that someone close to you, such as a caregiver, will have access to your money. Finally, you can work with your bank so that recurring payments such as mortgage payments and utility bills are paid out automatically from your account. This will further reduce the risk that someone close you can exploit you financially.

Call the experienced staff at Clear Counsel today to set up a consultation about your legal rights and set up the documents that will help to protect you from elder financial abuse.

Estate Planning / General Interest - 12/15/2014

Why Should I Set Up a Trust?

A very common misconception among people engaged in estate planning is the idea that only the extremely wealthy should establish a trust. This is actually not true. If you have more than $100,000 worth of assets, it is typically a good idea to set up a trust. There are other circumstances when a trust would be a good idea:

  • A business, real estate property, or an art collection makes up a large portion of your assets
  • Paying out your estate to your heirs in very specific ways
  • Setting aside a portion of your estate for children from a prior marriage
  • Maximizing exemptions from estate taxes
  • Providing benefits to a disabled relative

Benefits of a Trust

Control: With a trust, you can decide exactly how much of your assets are distributed, when, and to whom. For instance, if some of your heirs are less responsible with money, you can arrange the trust so that they receive their disbursements in smaller amounts and at a later date. You can also set conditions such as graduation from college or marriage, so that the money is distributed in exactly the way you prefer.

Reducing Taxes: There are many different types of trusts, and they are subject to taxes in different ways. Generally speaking, trusts are a great way to reduce the amount of estate and gift taxes that would normally be paid.

Avoiding Probate: Probate is a long and costly process. CNNMoney.com reports that probate can cost between 5-7% of your estate. By setting up a trust, your heirs can get access to your estate quickly and easily and bypass the probate process altogether. Another advantage is that the probate process is public record. If you would like to distribute your assets privately and provide privacy to your heirs, a trust is the perfect way to do that.

Protecting Your Assets: Transferring your assets to a trust can protect them from lawsuits and creditors. If you can survive financially without many of your assets, creating a trust is a good way to protect them long term.

Supervision: For most types of trusts, you will name a successor trustee. This person will manage the assets after you pass away, and by choosing a savvy and capable trustee, you can ensure that your assets will be managed wisely. This is a great solution if your spouse or heirs lack the skills to manage your assets effectively, or if you wish to distribute assets to children or disabled relatives who may not be able to watch over your assets on their own.

Providing for Charity: Trusts can be drafted so that a portion of your estate goes to charity. For instance, some trusts are designed so that they give the maximum tax-exempt amount to your heirs and then transfer the rest of your estate to charity. If you would like to donate a large portion of your assets, a trust is an excellent way to do that.

Like all forms of estate planning, you will need professional help to establish a trust. According to Investopedia, you will need to pay between $1000 and $3000 for attorney fees when you are setting up a trust. But if these benefits appeal to you, creating a trust is a smart investment.

Estate Planning - 12/12/2014
tottentrust

What Is a Totten Trust?

In 1904, the New York Court of Appeals ruled that individuals could name a beneficiary to an upon-death bank account. The case was referred to as Matter of Totten, which is where this trust got its name. While a totten trust does not meet the formal requirements to be considered a traditional trust, the courts ruled that because these types of bank accounts usually held smaller amounts of money, the practice could continue.

How to Open a Totten Trust

If you are in the process of planning your estate, you may be wondering what will happen to your bank accounts once you die. In most situations, bank accounts are jointly held between two people within marriage. When one person dies, the surviving spouse will become the sole owner of the account, and the account will not need to go through the probate process. However, if you are the sole owner of a bank account, then you will need to take other steps to ensure that your bank account is transferred to the individual you prefer.

A totten trust is basically a “payable-on-death” account, where a named beneficiary will take sole ownership of the account upon your death. In order for the beneficiary to receive the funds in the account, this individual will need to present a certified copy of your death certificate, along with valid identification to prove that he or she is the beneficiary.

To name a beneficiary to a totten account, you will need to go to your bank and ask for the appropriate forms, fill them out, and then turn them in at your bank. Be sure that your bank receives these completed forms, as it is not enough to simply fill them out and keep them with your important documents. The bank will need to have this information prior to your death.

It is important to know that you can revoke or change the trust at any time during your life. This means that you can withdraw the trust or change the beneficiary if you need to. If you do not name a beneficiary to your bank accounts, the accounts will go through probate upon your death and the court will decide who will receive your money. If you do name a beneficiary, this person will only have access to your account after your death. The named beneficiary will not have access to your account while you are alive, not even to inquire about the funds in the account.

Upon your death, the beneficiary will be contacted and will typically receive the funds within a short period; the account will not have to go through the probate process.

Contact an Estate Attorney

If you are interested in beginning the estate planning process, contact the estate attorneys at Clear Counsel Law Group. The attorneys at Clear Counsel understand the importance of financial planning and securing your family’s financial well-being. Call today to set up a consultation.

Estate Planning - 12/08/2014
bankruptcy

Is Bankruptcy Right for Me?

If you are buried in debt, chances are that you are looking for a way out from under the heavy financial burden. In most cases, individuals in debt are contacted by debt collectors on a daily basis, making life difficult to enjoy. Depending on your circumstances, you may be considering bankruptcy. While this is a viable option for some, there are alternatives to filing bankruptcy that could work better for you.

Before you file for bankruptcy, there are some things you need to be aware of. Most people find the most troubling aspect after filing bankruptcy to be getting approval for various types of loans. Having a bankruptcy on your credit record usually prevents you from being approved for conventional mortgages and car loans, at least for the first few years after filing.

So what are the alternatives to bankruptcy? Depending on how far in debt you are and how much income you have, there are ways to deals with debt issues.

Check Debt Collection Laws

If you are being harassed by debt collectors, it would be best to look into collection laws. Having debt collectors hound you every day can be tiresome and only adds to the stress you already have regarding your debt. If debt collector harassment is your primary concern, bankruptcy is probably not your best option. Look into your legal options and go from there.

Work with Your Creditors

Depending on your financial circumstances, you may be able to make monthly payments to minimize your debt. However, your creditors may be charging you more than you can afford each month. If this is the case, try reaching out to your creditors to negotiate smaller monthly payments. In many cases, creditors will decrease your monthly payment if you have an active repayment history. In the simplest terms, creditors just want their money back and they will likely work with you so that you can pay back what you can, even if it takes longer.

Credit Counseling Assistance

There are non-profit credit and debt counseling agencies out there to assist you in your debt repayment. These agencies help you figure out a repayment plan that works with your income by working with your creditors.

Similar to Chapter 13 bankruptcy, debt counseling will help you pay your debt back over an extended period of time. Debt counseling does have one advantage over Chapter 13: you get assistance with repayment, but you will not have bankruptcy on your credit history.

However, be aware that there are scams out there involving credit counseling agencies. In many cases, these agencies are funded by the very same creditors that you are trying to pay back. There could be a conflict of interest depending on what agency you turn to and who your creditors are.

No Action

In some rare cases, doing absolutely nothing may be your best option if you are deeply buried in debt. If you have minimal income and few valuable assets, you could be considered “judgment proof.” What this means is that if someone were to sue you, they would not be able to collect anything from you because you do not have anything valuable to collect.

Contact an Attorney

If you are carrying significant debt that you can no longer handle, contact an experienced bankruptcy attorney. The attorneys at Clear Counsel Law Group are here to help you figure out the best plan of action for your individual circumstances so that you can get on with your life. Call today to set up an appointment.

 

Bankruptcy - 12/05/2014
How to Leave Assets to Children

How to Leave Assets to Children

When considering wills and inheritances, most people think about adult inheritors, however, there are situations where children will be left with property and other assets. Leaving assets to minor children (under age 18) can be trickier from a legal standpoint, as individuals under 18 are not usually able to understand the complexities that come along with monetary gifts. Even more, some children inherit monetary gifts that involve more intricate planning and management, such as stocks, CDs, real estate, and other investments.

While most people know that it is wise to name a guardian in their will for their minor children, most people do not realize that this named guardian will not automatically be able to manage the children’s inherited money. Once you die, your will goes through probate, at which point a guardian is named for your child. This will usually be the person you name. As for inheritances, the court will be in control of this money--not the guardian--until the child reaches 18. When the child reaches legal age, the court will disburse the inheritance as one lump sum.

Once this child reaches legal age, this money is completely theirs, and unless they are willing to let a trustworthy adult help them manage it, chances are that money will not be managed as well as it could be. While some people may consider opening a custodial account for a minor, this also may not be the best method of leaving money to a child. In custodial accounts, a designated custodian, not the court, will be named to manage the funds. However, all of the money will still be disbursed to the child once they reach legal age.

To avoid money management issues, it may be best to set up a living trust for your child. In your will, you can also name someone who will manage the inheritance until the child takes over. Using this option, the trust will not be handled by the court. Revocable trusts are set up while you are alive and you decide who will inherit the money and at what age. With revocable trusts, the person you choose to manage the money will still have power even if you become incapacitated. (This is not always the case with irrevocable trusts).

All assets that are in a trust are protected from the courts. This is beneficial because court hearings and other legal technicalities can be expensive, thus reducing the value of the inheritance. Trusts also protect the money from irresponsible spending, as you are able to name a trustworthy individual who will manage the money. Even more, assets in trusts are protected from creditors. This is especially important should a divorce proceeding come into the picture.

Seek an Attorney

If you have questions about estate planning or would like to start planning your estate, contact Clear Counsel Law Group to set up a consultation. The attorneys are Clear Counsel know how to help plan estates based on individual needs.

 

Estate Planning / Probate - 11/24/2014
How to Choose the Right Executor for Your Estate

How to Choose the Right Executor for Your Will

When it comes to planning your estate, it is necessary to designate an executor. This person, or institution, will be responsible for clearing all of your debts, as well as carrying out your final wishes. Choosing the executor of your estate is one of the most important decisions regarding estate planning, so careful consideration should be given as to who best would serve this role.

The individual who assumes this responsibility should work diligently and promptly to finalize all of your final earthly matters, as well as allocating assets appropriately to beneficiaries. Even more, ensuring family harmony will be another responsibility of this person, as family friction can be especially high during times of grieving.

Some of the responsibilities of the executor, include:

Filing documents to probate court to ensure the validity of the will (this is typically required by law)

Paying final bills, funeral costs, and taxes with estate funds

Canceling credit cards and notifying government agencies of the death (post office, banks, and Social Security)

Filing final income tax returns

Allocating possessions to the heirs designated in the will

Because of the complexity of an executor’s responsibilities, the person you choose should be well organized, trustworthy, dependable, and good with preparing and filing paperwork.

Who to Choose

Typically, most people will name a family member as the designated executor, usually a spouse or child. In some cases, a close friend could be chosen if you do not have a relative that could take on the role. If the executor you choose lives out of state, be sure to check state laws that may require an out-of-state executor to be a relative. Also keep in mind that third parties can be designated as executors if you do not have a friend or relative that you feel can take on the role, especially if the estate is larger in size.

When choosing an executor, be sure that this person is emotionally capable of fulfilling such an important duty. Some individuals handle death better than others, while others may not be able to take on such a significant responsibility like that of an executor. Always be sure to ask the individual you have chosen if they accept the role, as sometimes individuals do not feel comfortable taking on the associated responsibilities.

Cost of an Executor

If a family member or close friend is designated as the executor, chances are that they will take on the responsibility for free. However, you can set aside a monetary gift for them if you decide to do so. If a third party is designated, such as a bank, this institution will charge a fee that is determined by your state. In most states, the fee will depend on the size of your estate and will range from one to five percent of the estate’s value.

If you have any questions about estate planning or choosing an executor, contact Clear Counsel Law Group to talk with one of our experienced probate attorneys.

Estate Planning / Probate - 11/21/2014
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