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Estate Planning

Personal Injury

Workers Compensation

Text Library – Probate and Estate Planning FAQ’s
What is Probate?

Probate is the legal process that takes place after someone dies. Probating wills in Texas can fall under two different categories: Independent Administration and Dependent Administration. Independent Administration is the most common and has an appointed executor to file all required documents with the Court. Dependent Administration requires the Court to be involved in the handling of the estate. This usually happens when a dispute is present.

What is a Muniment of Title?

Probate of a will as Muniment of Title is used to transfer a decedents assets as long as a will exists. Muniment of Title is a simple and inexpensive way to transfer assets to any beneficiaries listed on the will. Muniment of Title can be used if: a will exists, there are no outstanding debts other than the homestead, and medicaid has no claim against the estate.

What is a Small Estate Affidavit?

A small estate affidavit is a legal document that is used to transfer property rights to any heirs. Small estate affidavits can be used if a decedent died without any significant debts (less than $75,000.00) and died without a will. Small estate affidavits must be sworn to by two witnesses and a conflict must not exist. They can be a quicker and less expensive alternative to probate for transferring property to heirs.

Text Library – Personal Injury FAQ’s
What do I do after a car wreck?

If any party is injured, call 911. Do not leave the scene of the accident. This is a crime in the State of Texas. If no one is injured you can reach your local TxDOT by calling 1-800-558-9368 to get an accident report. Exchange information with the opposite party. Contact your insurance company to ensure proper handling of your vehicle. Then if needed contact an attorney to help with any disputes or injuries.

What to know if I have been Injured on the job in Texas?

Texas employers are not required to carry a workers compensation insurance policy. These employers are referred to as non-subscribers. Non-subscribing employers are subject to lawsuits at common law for personal injury damages when an employee gets injured. To prevail the injured employee must file suit against their employer proving the elements of a common law negligence claim.

What are three types of compensation for Personal Injury Claims?

There are three main types of compensation for personal injury claims. These are special compensatory, general compensatory, and punitive. Special compensatory consists of monetary damages that occurred from the accident. General compensatory consists of non-monetary damages that occurred as a result of the accident. Punitive damages are meant to punish the defendants if they were found guilty of intentionally acting in grossly negligent conduct.

Text Library – Texas Workers Compensation FAQ’s
What are some types of benefits for Texas Workers Compensation?

Texas workers compensation has two primary types of benefits, income benefits and medical benefits. There are four types of income benefits: temporary income benefits (TIB’s), impairment income benfits (IIB’s), supplemental income benfits (SIB’s), and lifetime income benefits (LIB’s). The amount of these benefits are based of your average weekly wage. Medical benefits are approved by the insurance adjuster and paid directly to the healthcare provider.

What is a Designated Doctor?

A designated doctor (DD) is chosen by the Texas Division of Workers Compensation (DWC) to resolve a dispute about a work related injury. A designated doctor visit can be requested by the injured worker or representative, the insurance carrier, or the DWC. These appointments are meant to resolve issues related to: maximum medical improvement (MMI), impairment ratings (IR), extent of injury, disability, ability to return to work, or the ability to return to work while receiving supplemental income benefits.

What is Texas Workers Compensation Dispute Resolution?

Texas Workers Compensation has multiple proceedings involved in the dispute resolution process. A benefit review conference (BRC) is an informal meeting between the injured worker and the insurance carrier in front of the DWC hearing officer to discuss any disputed issues. A contested case hearing (CCH) is a formal hearing following the BRC if a resolution was not made at the BRC. These findings will be sent out as a Decision and Order and must be appealed in a timely manner if the injured worker is unhappy with the findings.

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