I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.
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Carefully Planning Negotiations When A Will Isn't Present
Yvonne Russell
When a loved one passes away without leaving behind a written statement of how their assets should be divided, family and friend tensions may rise out of control. Whether from greed, jealousy or conflicting interpretations, the arguments that follow death can be largely avoided if you make an organized list of priorities and discuss the options with everyone involved. With the help of a family law attorney, the following ideas can help ensure fair treatment for you and the rest of the survivors.
Analyze Past Statements
Even if a last will and testament isn't present, you may be able to use the past comments of the deceased as a supporting statement during negotiations. Although some parties such as spouses or children may have enhanced authority in the matter, having a firm presentation of intent can go a long way.
With social media and Internet correspondence such as email, you can search through past discussions for context in regards to who deserves what assets. It may be immoral--even illegal--to dig through the belongings of the deceased or gain access to their accounts, but if you or another negotiating party was the recipient of relevant information, try to use it respectfully.
The source needs to be verified in order to be relevant. Hopefully the email address has been used by the person in the past and has some presence in official documents. Paying bills or signing up for government services can link the often anonymous email address system to the actual person.
Search For A Fair Division Point
Assets such as money or property can be divided fairly if all parties are willing to cooperate. In an emotionally charged environment such as a recent death, it may be worth waiting before bringing up the topic. Of course, security legal advice without making actual moves is possible and recommended.
When it's time to discuss assets, make sure to take every person's concerns into account. It isn't just about what you demand; if you can weaken the other party's desires or make them more willing to cooperate, you can avoid constant arguments, a fierce legal counter attack and years of hostilities.
For assets such as houses or land, consider dividing the cost and sharing the use. A single family member or a particular side of the family may be allowed to live in a family home that once belonged to the deceased, but the entire family needs to discuss terms about sharing if the house is needed. The occupying family may grow comfortable and may even assume a false sole-ownership, but with the paperwork in hand you can straighten out confusion as it happens.
To get help with such difficult issues after loss of a loved one, contact a family law attorney. To learn more, contact a company such as LaCroix & Hand PC.
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