Starke Law Offices, LLC

What happens during the probate process?

2024-04-25T18:36:30Z

One of the most difficult things about the aftermath of loss is determining what will happen to a person’s estate and property. It is not easy to sort through items and determine who should have them or even what to do with the home of the deceased. If the deceased has a will, this process should occur according to the terms of his or her estate plan. If there is no will, state laws will determine what happens with a person’s property after passing.

Part of the estate administration process involves something called probate. This is the legal process of verifying the person’s will, filing a final tax return and more. The probate process can be lengthy and complex, especially if there are disputes over the terms of a will. If you are facing the estate administration process after the loss of a loved one, it may help to learn more about probate and what to expect.

The process of settling an estate

Probate is a requirement for many different types of assets, even if there is a will. A decedent may appoint someone to act as the executor of his or her estate, which is the person who will oversee the probate process and take all the necessary steps to settle the estate. The following are typical steps involved with probate:

Locating the will and filing it with the probate court
Notifying creditors
Filing a final tax return
Paying remaining debts associated with the estate
Distributing assets according to the terms of the will

While each probate process is slightly different, it will typically involve some or all of these steps. The probate process can be more involved and complicated if there are disputes between heirs or other complications. The executor of the Missouri estate may benefit from learning how to avoid issues that could cost time and money by preparing ahead of time for his or her responsibilities and having experienced guidance at every step.

Assistance for the probate process

You do not have to walk through the probate process alone. Whether you are the executor of an estate, or you are an heir to an estate and need to protect your interests, you will benefit from having experienced guidance at every step.

Things to know about police interrogations

2024-03-18T21:28:35Z

If a Missouri police officer stops you, he or she might start asking questions. Such questions might include queries regarding where you have been in the past hour or two, who you were with or what you were doing, such as whether you consumed alcohol or drugs. A police officer might ask if you know a particular individual or whether you would mind if your vehicle, home or person undergoes a search. Remember, there is a difference between official police interrogations and questions asked before an arrest has taken place. During a traffic stop or when a police officer stops you as a pedestrian or knocks on your front door at home, you are under no obligation to answer questions. You must confirm your identity if asked to do so. If a traffic officer tells you to step out of a vehicle, you must comply. However, beyond basic information and protocol, you do not have to answer any further questions. You may invoke your Fifth Amendment right to remain silent.

Official police interrogations occur after an arrest

Police may ask you anything they want during a traffic stop or on the street or when visiting your home. This doesn’t mean you have to answer. If an officer takes you into custody, there may be an official interrogation. If you are in police custody, an official interrogation cannot take place until you have been issued a Miranda warning. This is a warning that informs you of your rights, such as the right to remain silent (as mentioned earlier), the right to hire an attorney and the right to obtain a court-appointed attorney if you do not have the means to hire one. Police do not have to issue a Miranda warning before placing you in custody.

Failure to issue Miranda warning before custodial interrogation

Part of the Miranda warning is a clause that informs an individual in police custody that anything they do or say during interrogation can be used against them in court. If police have interrogated you without offering a Miranda warning, then your statements become inadmissible in court. If a Missouri police officer arrests you, you might feel nervous or afraid. Under stress, it’s easy to forget your rights or what to do to exercise them. Securing legal representation enables you to have a personal advocate present who is knowledgeable about your rights and the criminal justice system while you undergo police interrogations. You may request this representation as soon as an arrest has taken place.

Terms that will help you create a strong estate planning strategy

2024-02-22T21:29:34Z

It can be intimidating to think about the future, especially what will happen after you pass away or what will happen in the event you become incapacitated. While these are not pleasant things to consider, it is essential for each Missouri adult to think about what plans are necessary in order to face the future with confidence. If you do not have a comprehensive estate plan in place, you will benefit from creating one as soon as possible. Estate planning is an important process, but it is not always easy. You may be unsure of where to begin or what steps are necessary to have a complete plan. It may be helpful for you to learn about the most common estate planning terms and how they could apply to your individual situation. This knowledge can help you develop a meaningful strategy that will benefit you and your loved ones.

Important things to know about estate plans

Your goals for your estate plan are unique to you, and the specific terms you should include are specific to your needs and objectives for your heirs. While each plan is individual, there are some terms that will be critical to understand as you move forward, including:

Will -- This is the most basic estate planning document. Most people begin with this as it allows them to outline what should happen with their personal property after their death. Wills also allow parents to appoint guardians for minor children.
Trusts -- This is a tool that gives you the ability to set aside and protect assets for a specific use. There are different types of trusts, including special needs trusts, revocable trusts, charitable giving trusts and more.
Advance directives -- These are documents that allow you to appoint someone to act on your behalf if you can no longer speak for yourself. These documents include living wills, powers of attorney and more.

Each estate plan is unique and should be tailored to the individual needs of the Missouri adult creating the plan. If you do not have a plan already in place or you think you may need additional protections included in your plan, you will benefit from seeking the insight of a knowledgeable professional as you seek to shield your interests and care for your loved ones through these important decisions.

Do you have any recourse after a denied workers’ comp claim?

2024-01-28T20:49:55Z

When you suffer an injury at work, it can lead to complications in different areas of your life. You may find yourself dealing with medical bills you cannot pay, painful injuries and ongoing complications due to lost wages. Thankfully, many injured workers find support through their employer’s workers’ compensation insurance. You may believe that you have a valid claim, but it can be disheartening to learn that your workers’ compensation claim came back denied. While you may feel as if this could be the end of the road for you, that is not the case. There are legal options available to you through which you can continue your fight for the full and fair recovery you deserve. You do not have to walk through the aftermath of a work accident alone.

After a denial

Workers’ compensation benefits are often available for individuals who suffered an injury or illness as a result of their job, or those with a preexisting medical condition that became because of one’s job. Even if you believe that you have a valid claim, that is no guarantee that the insurance company will view your case in the same way. Some of the common reasons why these types of claims come back denied include:

There is insufficient medical evidence included in the claim.
There is no evidence that suggests that the accident was work-related.
There is no evidence that you required medical help after the accident.
Your employer is denying the circumstances of your claim.
There is incomplete or insufficient documentation included with the claim.
There is no evidence to prove that the injury is compensable.
There are discrepancies between the claim and medical reports.

A denied claim is not the end of the road for you. You have the right to continue your fight for benefits and support through the appeals process.

Fighting for what you need

The workers’ compensation claims process is complex, and you may benefit from having experienced guidance as you navigate it. An assessment of your case can provide you with insight regarding the best way you can protect your interests and increase your chance of success. With support, you can fight back after a denied claim and secure the help you need after a work accident.

Which workers’ compensation benefits are available to you?

2023-12-22T01:04:43Z

Suffering an injury at work can be disheartening. Not only are you dealing with the pain and inconvenience of the physical injury, but you may also find yourself unable to work and earn an income as you did before the accident. You may have to miss work during your recovery, and you may find that the bills continue to accumulate. Thankfully, there are options available to you. One of the options available to you is the ability to seek compensation and recovery through a workers’ compensation claim. This type of insurance is available through many Missouri employers, allowing you a way to address the financial loss and other complications associated with a work-related injury or illness. It is in your interests to learn about what injuries are compensable and how to maximize the recovery available to you.

Types of support you may be able to claim

The intent of workers’ compensation insurance is to provide support for those who suffered injuries at work, a worsening of a medical condition as a result of employment requirements or the onset of certain types of illnesses due to exposure at work. While every claim is different, some of the types of benefits that could be available to you include the following:

Medical benefits -- This includes recovery of medical expenses, surgeries, ambulance rides, ongoing rehabilitation needs and more.
Rehabilitation benefits -- This can assist you with ongoing recovery needs as you pursue physical healing, as well as support you may need upon your return to the workplace.
Disability benefits -- This can provide ongoing financial support as you recover and potentially consider applying for permanent disability benefits if you cannot return to work.

Insurance providers likely do not have your best interests in mind. It is important that you know what benefits are available to you so that you can fight for the full and fair recovery you deserve through your workers’ compensation claim.

Getting better and moving forward

You do not have to navigate the workers’ compensation claims process alone. An assessment of your accident, your recovery needs and other factors can provide you with the insight you need to pursue benefits. If you are unsure of where to begin or whether you have a valid claim, it might help to seek the insight of an experienced professional who can provide insight and support at every step.

Would a trust be a beneficial addition to your estate plan?

2023-11-15T17:51:57Z

One of the primary goals associated with the creation of an estate plan is to provide for your loved ones and maintain control over your assets in the future. You worked hard to build wealth and expand your estate, and you deserve to have the final say over what happens to it both during and after your lifetime. One of the most important things you can do is ensure that your estate is complete, up-to-date and in cohesion with your current goals.

A careful review of your estate plan may reveal that you need additional protection. One way you can accomplish this is through a trust. This is an estate planning tool that allows you to set aside and protect assets for a specific use. With the right tools in place, such as a specific type of trust, you will be able to face the future with confidence, knowing your interests and those of your Missouri beneficiaries are secure.

The benefits of establishing a trust

You do not have to be wealthy or have an expansive estate to enjoy the benefits and protections provided by a trust. There are many different types of trusts that can help one accomplish a range of goals that can include everything from charitable giving to caring for a special-needs loved one. Some of the benefits of a trust include the following:

Assets held in a trust do not have to go through the probate process. By avoiding the probate process, you can keep important details about your trust out of public record.
There are some tax benefits associated with establishing a trust. The benefits depend on the type of trust you establish, such as a revocable trust or an irrevocable trust.
You can decide exactly how others will use the assets left in the trust, giving you a measure of control.
Depending on the type of trust you establish, you can have flexibility regarding what happens to your assets after you pass away and during your lifetime.

An assessment of your estate can help you understand if a trust would be a beneficial addition to your current estate plan. If so, you will benefit from taking quick action to establish the protections you need in order to face your future with confidence and peace of mind and know that the interests of your beneficiaries are secure.

What steps should you take after a car accident?

2023-10-13T14:04:28Z

A car accident can be a traumatic and overwhelming event. You may find that not only are you struggling with damage to your vehicle, you now have to deal with insurance, seek treatment for your injuries and figure out how to move forward. The aftermath of a motor vehicle accident can be complex, and it is beneficial for all Missouri drivers to know what to do and how to proceed in the days and weeks after a crash if they are ever in this situation.

What you say and what you do matters during the aftermath of a crash. It is helpful to know how to proceed at the scene, as well as what to do in the days and weeks to come. This is particularly important if you believe that another person is responsible for your crash and that you could have grounds for a civil claim.

While you are at the scene

While you are at the scene of the accident, it is important to keep your wits about you and avoid saying anything that someone could misconstrue or use against you. After a crash, check on others involved and call for emergency medical services. If you are safely and physically able to do so, you can then seek to exchange contact information with others involved. It is also helpful to take pictures of the accident scene, such as the position of the vehicles.

In the days and weeks to follow

In the days and weeks after a crash, you will need to notify your insurance company. It may decide to pursue action against the responsible party. If the other insurance provider contacts you to make a settlement offer, remember that these offers may not reflect what your case is actually worth. You will also need to keep careful track of your medical bills and documentation that verifies the financial and physical impact of the crash.

What is next?

Navigating the aftermath of a car accident is not easy. Amid your medical bills and the other needs you will have to address, you may feel inadequate to the task. Thankfully, you do not have to take one step of this process alone. You may benefit from seeking assistance from the earliest possible point after an accident and an understanding of your potential legal options.

The true dangers of driving while distracted

2023-09-10T22:13:02Z

One of the most dangerous things a driver can do is assume that he or she can safely multitask while operating a vehicle. Despite what many think, it is always dangerous to drive while also doing something else, even if it seems like a minor thing. Distracted driving in all forms is unnecessarily risky, and it can place everyone on the road at risk for injuries. Statistics and studies on accidents reveal that distracted driving may be more dangerous than most people realize. There are many different things that can cause distracted driving. Everything from picking up a phone to talking with a passenger can take a driver’s attention from the task at hand. Even a few seconds of the distraction can result in consequences that may change the course of a person’s life. The aftermath of distraction-related accidents can be devastating, but victims do not have to walk through it alone.

What do car accident statistics say?

Car accident statistics indicate that distracted driving may be a more widespread problem than many presume. In 2021, estimates show that 3,500 people died in distraction-related accidents across the United States. However, it is possible that the actual number is higher. Phone use is the leading source of distraction, and it is particularly dangerous because it impacts a driver’s cognition, vision and physical reactions. Other activities, such as talking on the phone or eating while driving, can also be just as dangerous as texting or scrolling social media. Multitasking may seem safe, but it is not. Studies find that participating in any type of distracting activity can impact a driver’s focus even after the activity has stopped. This means that distraction lasts longer than presumed, and more car accident injuries and fatalities may be related to distraction than statistics indicate. It is often difficult to prove that someone was a driver or what caused the distraction.

The rights of victims

If you are the victim of an accident caused by a distracted driver, you do not have to walk through the aftermath of this complicated situation alone. An assessment of your case could help you determine if you have grounds to pursue legal action. The Missouri civil justice system provides you with an opportunity to recoup your losses and seek the support you need to move forward after a motor vehicle accident.

Where should you keep your critical estate planning documents?

2023-08-05T22:05:33Z

One of your primary purposes for creating an estate plan is to have the final say over what happens to your personal property in the future. You may also want to have control over the specific types of medical care you could receive in the event of your incapacitation. However, it does not matter what you hoped for your beneficiaries and heirs or what you intended for your property if there are problems with the physical documents. The careful preparation, organization and storage of all your important documents is not only important for you but also for your heirs and beneficiaries. If you have taken the time to create an estate plan, ensure that these documents are handled appropriately. Preparing these documents is an important step for all Missouri adults regardless of age, income level and health status.

The most important documents you have

An important step is to take a careful inventory of what you have and what documents are important. This can also provide you with insight regarding the other documents you may need to draft in order to have the full amount of protection and security you require. If there are gaps in your estate plan, it could lead to complications in the event of your incapacitation or after your passing. The most important documents include:

Your will
Financial power of attorney
Health care power of attorney
Living will

Every estate plan is different, and the documents you will need in order to have a complete plan depend on your specific goals for the future, your estate and other details. Regardless, it is critical to keep these papers carefully organized and stored in a safe location, such as a safe deposit box. It is also important that at least one person know where these documents are and have instructions regarding how to access them if needed.

Face the future with confidence

Having a complete estate plan and storing these documents in a safe location will provide both you and your loved ones with peace of mind regarding the future. Disorganized documents, missing papers or gaps in your estate plan can lead to confusion, legal complications and even financial loss for your heirs and beneficiaries. If you are unsure of what steps you need to take to have confidence for your future, you will benefit from seeking experienced guidance regarding your options.

What is the best defense when facing DUI charges?

2023-07-07T20:37:17Z

Nothing can change the course of an evening out like seeing the flashing lights of a law enforcement vehicle in your rearview mirror. Once you pull over, you may find yourself subject to questioning from the police regarding your activities for the evening, including whether you have been drinking. It can be overwhelming to discover that the reason for your traffic stop was suspicion of drunk driving. After this initial conversation with the officer, you may have to submit to various tests, and then an officer may place you under arrest.

If you find yourself under arrest for drunk driving in Missouri, you may wonder what is next for you. There is a lot at stake, including your future interests, and you will benefit from learning more about what you can do to build a strong defense strategy that will allow you to confront the charges you are up against. Each case is different, and the right approach for your DUI defense will depend on the details specific to your situation.

The ideal strategy

There is no one-size-fits-all strategy that will be best for your DUI defense. It is beneficial to carefully analyze the details of your case, your criminal history and other factors to determine the most appropriate way forward. Although every case is unique, the following are examples of common defense strategies that you may be able to apply to your case:

The police officer did not properly administer the field sobriety tests.
There was no probable cause to initiate the traffic stop.
There was an issue with the field sobriety test.
The results of the breath test were inaccurate due to issues with the device.
There was a problem with the chain of custody of a blood sample.
The actions of the police were improper or violated your rights.

Regardless of the details of your case, you have the right to defend yourself against any accusations and criminal charges.

Fighting for your future

A DUI has the potential to change your life in various ways. You would be wise not to underestimate the potential impact this type of criminal charge can have on your future, but to take immediate steps to protect your rights, shield your interests and seek the best possible outcome to this situation. While there is a lot at stake for you, you do not have to face these accusations on your own.