Probate & Trust Litigation

At times, generic cialis viagra there are probate or trust problems that require the filing of a lawsuit, ed or at least the threat of filing a lawsuit.

Such contested matters often center on whether there was a lack of capacity to draft a document (a will or trust), or whether someone exercised undue influence on the drafter of a document.

As trusts have become a more common, increasingly there are lawsuits that seek to terminate trusts or to reform trusts.

Will and trust construction lawsuits that request that the court make a determination regarding the legal meaning or effect of particular wording used in a will or trust also fall in this category.

Guardianship contests generally focus on whether a guardian is needed and who should be appointed.

Breach of fiduciary actions which are lawsuits by beneficiaries against an executor, personal representative or trustee alleged the person has failed to act in accordance with the law or document are another frequent subject of litigation.

In choosing an attorney in a probate or trust litigation matter, you need to look for two qualifications:

1.   Someone who knows the probate and trust code, and

2.   Someone who can litigate the case.

An attorney who has not tried cases is not an attorney who should be handling a probate or trust lawsuit. Do not hesitate to ask an attorney how many cases they have litigated.  Margaret E. Dean has the solid litigation background and knowledge of the probate and trust code necessary to skillfully handle such cases.

For more information about probate or trust litigation, please call Margaret Dean, Dean Law Office LLC at 816-753-3100.

 

Small Estate Affidavits

In both Kansas and Missouri, buy viagra rx if a deceased person left less than $40, viagra generic ed 000.00 in assets, cure there is a simplified administration procedure that can be used to transfer title.

This procedure can be used regardless of whether there is a will or the deceased person died without a will.

Probate assets can be transferred without a full probate administration saving time and expense.

If there is a will, the will must be filed within the time limitations set by law.

A small estate affidavit is often useful in those instances when most of the assets of the deceased were jointly titled, payable on death, or in trust but some assets were omitted and are title solely in the name of the deceased person.

For more information about using this simplified probate procedure, please call Margaret Dean, Dean Law Office LLC at 816-753-3100.

Kansas or Missouri Workers’ Compensation?

The United States has 50 states with 50 different workers’ compensation systems.

Workers’ compensation benefits are defined by state law.
If you are employed in one state, viagra healing but injured in another state, both states’ workers’ compensation benefits have to be compared to maximize your recovery.
People living in Jackson, Clay, and Platte Counties in Missouri, and Wyandotte and Johnson County in Kansas often find themselves in this situation due to their proximity to the State Line.

The following are some of the benefits that must be analyzed in determining which state’s law to apply.

1.  Value of Body Parts.

In determining an injured worker’s compensation, the part of the body injured is determined. Each state assigns different values to different body parts. For example, in Kansas the knee is valued at 190 weeks; in Missouri, the knee is valued at 160 weeks. In Missouri, the shoulder is valued at 232 weeks whereas in Kansas, it is valued at 225.

The calculation is further complicated by the fact that the weeks of temporary total disability greater than 15 is in Kansas (but not in Missouri) subtracted from the assigned weeks of disability.

2.  Rate of Payment.

Both Missouri and Kansas place caps on the rate of temporary total disability (weekly benefits when you can’t work) and permanent partial disability or permanent total disability compensation rates. Kansas has one rate for temporary and permanent disability. Missouri’s highest rate for temporary total disability is greater than the Kansas rate for temporary total disability, but the Kansas highest rate for permanent partial disability is greater than the Missouri rate.

3.  Independent Medical Examinations.

At the time a worker is released from medical treatment, an independent medical examination is done to determine permanent partial or permanent total disability. Missouri leaves this to the sound judgment of the doctor. Kansas, for claims arising on and after January 1, 2015, mandates that the rating be done pursuant to the Sixth Edition of The AMA Guides to Evaluation of Permanent Impairment.

Although it will be some time before the full effects of the adoption of the Sixth Edition are apparent, the guides are predicted to not be favorable for employees.

4.  Work disability.

In addition to permanent partial disability, Kansas, under certain circumstances, provides an additional award for work disability.

5.  Penalties for Safety Violations.

Missouri provides a 15% increase in compensation to employees when an employer violates any statute.

6.  Scarring.

Missouri provides additional compensation for scarring whereas Kansas does not.

7.  Wait Period.

The wait period for Temporary Total Disability differs between Missouri and Kansas .

8.  Notice.

The time within which an employee must give notice of the accident differs in Missouri and Kansas.

9.  Caps.

Kansas places a maximum cap of $130,000.00 on permanent partial scheduled disability cases and $155,000.00 on permanent total disability cases.  Missouri does not have caps.

10.  Death Benefits.

Survivors’ benefits in the case of an employee’s job-related death are different between the two states.

 

The above summary includes just some of the differences in Missouri and Kansas workers’ compensation law.  If you have a choice as to which law to apply, it is essential to select an attorney licensed in both states who understands the differences.

To discuss your matter with Attorney Margaret E. Dean today, call 816-753-3100.