Overlooked Estate Planning

Most people can get by with a simple estate plan consisting of a power-of-attorney and a simple will or sweetheart wills.  That’s fine but what happens to computer records and social media accounts when someone dies?   Nothing!  That’s the problem.   You may leave your family with a mess in the form of online records and other things that are very difficult to deal with.  There is a solution.  Plan ahead!

Your executor or POA should have access to to the personal information they will need to carry out your plans. These items include:

  • Instructions in case of death or disability, such as burial or living-will wishes;
  • Important contacts: who to contact at your workplace, clubs, etc., name and telephone for your lawyer, accountant, Will executor, and insurance agents;
  • Locations of valuables and important papers, wills, passports, Social Security cards, birth certificates, and any other legal documents;
  • Recurring-bills details such as when bills are due and how they’re paid (autopay acct or where to send a check);
  • Financial account details like retirement and investment accounts, insurance, bank accounts, and credit cards.
  • Important logins or security codes including website logins, computer password, your phone PIN, the code to the fireproof safe, etc.

You can create a password-protected spreadsheet that contains this information.

You should also consider setting up dead-man switches and assign custody or successors for your digital accounts  A dead-man switch is a security feature on trains that requires operators to hold a handle on a control board so that if they let go, the switch applies the emergency brakes.

A dead-man switch can be a setting that notifies loved ones and can disable your accounts if you fail to respond to prompts. This feature is especially useful for people who live alone, because you want others to notice you’re gone as soon as possible.

Some online accounts have an “inactive account” setting to either delete your data or share your accounts information with someone you trust after a period of inactivity.  Pick a person to manage your social media accounts to either preserve your memory or delete those accounts. Most social media accounts offer options for enabling your loved ones to manage them, but you’ll need to set this up before you die, of course.

After you’ve done all the above, you should share the details with your family (you can also share select information in the password manager with a power of attorney or a trusted friend).  For security, many client provide their attorney with a CD, DVD or flash drive with the data, so that it is not found in the home and no one can get to it without a safeguard, but the right person would have no trouble getting what they need.


Vincent F. Heuser, Jr.
3600 Goldsmith Lane
Louisville KY 40220
(502) 458-5879
https://heuserlawoffice.com

Hirsh and Heuser Attorneys
Heuser Law Office




Court Papers and How to Format Them

When you want something in court, you have to write up your request in proper format.  Getting the format right makes your request seem more reasonable!  There are lots of rules about the legal arguments and citations, but the one thing that makes you look silly is not knowing how to format your documents to be acceptable in court.

At the top of the front page, before your eloquent argument, you need a header.  At the end of your document, after your eloquent argument, you need a footer.  Courts vary on the style here, but in Louisville/Jefferson County, we can help.

Below are several different formats for courts operating in Jefferson County, Kentucky, both federal and state.  State courts are divided into district courts (including small claims, probate, and civil district court) and circuit courts (civil and criminal).  There is also a state court of appeals and the United State District Court.

Headers should include the name of the court, case number, division, names of parties and the title of the motion or pleading:  Jefferson Circuit is different from other courts.   Out in the state the circuit court header is the same as the district court headers.   Here are a few Louisville samples:

Jefferson Circuit Court Motion Header (.pdf)

Jefferson Circuit Court Motion Header (.doc)

Jefferson District Court Motion Header (.pdf)

Jefferson District Court Motion Header (.doc)

Footers:   Footers come after your brilliant argument and include your signature, address, telephone number and, perhaps, email address and a certificate that you served copies on all the other people in the case.  These look like this:

Jefferson Court Footer (.doc)

Jefferson Court Footer (.pdf)

Got a question?  Perhaps a limited representation is what you need.  Take a look here.


Vincent F. Heuser, Jr.
3600 Goldsmith Lane
Louisville KY 40220
(502) 458-5879
https://heuserlawoffice.com

 




Limited Representation Agreements


Good lawyers have been helping people “behind the scenes” for many years.  The problem has long been that judges believe that lawyers must not only reveal their help but must also answer to the judge for anything done in the case.  In other words, helping an unrepresented person in court has always been a cache-22 for lawyers–  if you disclose your help you get dragged into the case; if you don’t disclose it you are violating Bar Association rules.  Used to be that you couldn’t help people a little bit; it was all or none.
 
Thankfully, in June 2018, the Kentucky Supreme Court of Kentucky approved, the hiring of lawyer without the lawyer taking full responsibility for your case.  This is called “limited representation,” and the Kentucky Lawyers Mutual Insurance Company even offers a form for it.  LMIC Limited Representation Agreement Form.

With a limited representation agreement you can hire a lawyer for only part of your case while you remain in control overall. Although all lawyers can do, not all lawyers are willing willing because of the risk of you making mistakes and because of the the lack of profitability from this kind of agreement.  If you can talk a lawyer into it, consider yourself lucky!

Meanwhile, feel free to look around for helpful forms on sites like this!


Vincent F. Heuser, Jr.
3600 Goldsmith Lane
Louisville KY 40220
(502) 458-5879
https://heuserlawoffice.com




Welcome to Louisville Law Clinic


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Vincent F. Heuser, Jr.
3600 Goldsmith Lane
Louisville KY 40220
(502) 458-5879
https://heuserlawoffice.com