Monthly Archives: July 2024

Family Law

Understanding Wills, Trusts, Living Wills, and Power of Attorney in Oregon

Understanding wills, trusts, and powers of attorney is vital for effective estate planning. These legal tools help manage and distribute your assets, protect your interests, and ensure your wishes are honored both before and after your passing. At Johnson and Taylor, our estate planning attorneys in Salem, OR can help you understand your options and create an estate plan that meets your family’s specific needs.

Vital Estate Planning Documents

From designating how your assets will be divided to protecting your privacy and making healthcare decisions, documents such as wills, trusts, and powers of attorney, each serve a unique purpose. Carefully planning and creating these documents can ensure your loved ones are provided for and avoid potential legal issues. Our Salem estate planning attorneys provide the guidance you need to create a solid plan tailored to your specific circumstances.

Wills

A last will and testament is a legal document that outlines how your assets will be distributed after your death. Creating a will in Oregon allows you to specify beneficiaries for your assets and property, appoint an executor to manage the distribution of your estate, name guardians for minor children, and address other matters such as funeral arrangements.

Types of wills In Oregon include:

  • A simple will names an executor and includes details about the distribution of assets and property and guardianship of children and pets.
  • A joint will is usually a single will created for two spouses.
  • A testamentary trust will includes one or more trusts to distribute assets to beneficiaries. It can include a portion or all of the estate, as well as life insurance proceeds.

Without a will, Oregon laws of intestate succession dictate asset distribution, which may not align with your wishes. Creating a valid, detailed will ensures your intentions are clear and legally sound. It also makes the probate process easier for your loved ones at an already difficult time.

It’s important to inventory all your assets, including personal items, choose beneficiaries, appoint an executor, and name guardians in your will, if applicable. Your estate planning lawyer can advise you on the specifics that should be included in your will. Our attorneys also ensure that all legal requirements are followed for the drafting, signing, and witnessing of your will.

Trusts

A trust is a legal arrangement in which the grantor names a trustee to manage assets in the trust for beneficiaries. Trusts are used for various purposes, including asset protection, tax reduction, and providing for loved ones with special needs.

Types of Trusts in Oregon

  • Living trust – A living trust is created during your lifetime and can be revocable or irrevocable.
  • Testamentary trust – As previously mentioned, a testamentary trust is created as part of a will and takes effect after death.
  • Revocable trust – This trust may be altered or revoked while the grantor is still alive.
  • Irrevocable trust – This type of trust cannot be changed once established.
  • Special needs trust (SNT) – A special needs trust allows you to provide for a disabled beneficiary without affecting their government benefits.
  • Charitable trust – This type of trust benefits a charity or the public.

Benefits of Trusts

One of the major benefits of a trust is that it enables the assets in it to bypass the probate process. It also provides privacy, as trusts are private documents, while wills are part of the public record. A trust can also be beneficial if you want to provide for someone who isn’t financially responsible. In some cases, a trust may offer tax benefits as well.

Our estate planning attorneys can help you determine your objectives for a trust and determine which type will best meet your needs. If you need help choosing a trustee, deciding which assets to include, and defining the terms and conditions of the trust, our estate planning and probate lawyers provide straightforward legal advice and always keep your best interests in mind.

Powers of Attorney

A power of attorney (POA) is a legal document that enables you to name an agent to make healthcare and financial decisions on your behalf when you’re unable to do so yourself. A general power of attorney gives an agent broad power to handle your affairs, while a limited POA outlines specific powers for particular tasks or periods of time. A power of attorney for healthcare is designed to enable your agent to make medical decisions should you become incapacitated. A financial power of attorney gives an agent the ability to handle your financial affairs, such as paying bills and managing assets.

It’s critical to have your estate planning attorney help you create a POA that holds up to the legal standards for financial and medical powers of attorney in Oregon. This ensures that trusted individuals can make important decisions on your behalf and avoid dealing with complex circumstances like seeking court-appointed guardianship. Our probate and estate planning lawyers can help you choose an agent for each POA and clearly outline their powers and limitations.

What is a Living Will?

Also known as an advance healthcare directive, a living will specifies your wishes for life-sustaining treatment and end-of-life care. Pain management, do not resuscitate (DNR) orders, organ donation, and other issues can be addressed in your living will.

A living will not only ensures your preferences are known and followed, but it saves family members from having to make difficult decisions as well. It can also help loved ones avoid potential conflict about your wishes for medical care.

Our estate planning attorneys are well-versed in the legal requirements for living wills in Oregon. These types of issues can be hard to talk about, and we’re happy to work with you and your family to ensure they understand your wishes and intentions.

In addition to handling matters such as probate, wills, trusts, and power of attorney in Oregon, our team litigates personal injury and divorce, and family matters. Our estate planning lawyers serve clients in Marion, Polk, and Linn counties and surrounding communities.

Contact Our Estate Planning Lawyers in Salem, Oregon

At Johnson and Taylor, we believe in empowering our clients with valuable information about estate planning, probate, and other legal matters. Contact us or call 503-990-6641 to schedule a consultation with an estate planning attorney in Salem, OR. Members of our team offer quality legal services to our Spanish-speaking clients.

Personal Injury

Do You Have to Pay Your Medical Bills from A Personal Injury Settlement in Oregon?

If you’re pursuing a personal injury settlement, it’s important to know how the payment of medical bills can impact your finances in the future. At Johnson and Taylor, our personal injury lawyers in Salem help clients throughout the state of Oregon understand how medical bills and other damages are paid after an accident and provide the compassionate legal support you need to get through challenging times.

Understanding Damages in a Personal Injury Settlement

A personal injury settlement compensates a party who has suffered harm or losses after an accident. Typically, damages in a personal injury settlement are paid by the negligent party’s insurance company. A personal injury settlement usually includes compensation for damages like medical expenses, lost wages, pain and suffering, and other damages specific to the circumstances. In some cases, future medical costs and wage loss may also be included.

Types of Medical Bills in Personal Injury Settlements

Medical expenses are often a significant component of personal injury settlements and include costs such as:

  • Emergency room visits
  • Ambulance and other transportation costs
  • Hospital stays
  • Surgeries
  • Medications
  • Diagnostic tests
  • Physical therapy
  • Doctor visits
  • Assistive devices
  • Any other injury-related medical treatments

Our personal injury lawyers in Oregon fight to ensure you recover enough compensation to cover all past, current, and future medical expenses related to your injury.

Are You Obligated to Pay Medical Bills from Your Personal Injury Settlement?

In most cases involving vehicles, the insurance company of the vehicle you were in pays medical bills through Personal Injury Protection (PIP). The amount PIP pays is determined by the insurance policy. Sometimes the medical bills will exceed the available PIP. Our attorneys will look at possible additional PIP policies and help to figure out whether your health insurance must pay some of the remaining bills.

In some cases, an injured party may have to pay any unpaid medical bills from a portion of their personal injury settlement, but each circumstance is unique. Healthcare providers may place a lien on your settlement to ensure they receive payment. If you used your health insurance to pay for any of your accident-related medical treatment, the insurance company may also place a lien on your settlement or bring a subrogation claim to collect medical expenses from the at-fault party’s insurer.

If Medicare or Medicaid covered your medical expenses, they also have a legal right to collect injury-related costs from your settlement. Failure to reimburse them can result in significant legal and financial consequences. Your personal injury attorney can explain how this process works, protect your rights, and negotiate with insurers and healthcare providers to reduce the amount you must pay for your medical bills.

Negotiating Payment for Medical Bills

Negotiating medical liens or subrogation claims can significantly maximize the net amount you receive from your settlement. Some medical providers may agree to a reduced amount if the payment is from a personal injury settlement, especially if you’re facing financial hardship or if you’ve been a longtime patient.

Negotiations with insurance companies can be complex and contentious, so it’s essential to have one of our personal injury lawyers represent your interests. Oregon law also offers certain protections for personal injury victims, and there may be programs or provisions that can help reduce repayments to Medicare or Medicaid.

It’s also important to note that Oregon law uses a modified comparative fault rule, which means your settlement amount can be reduced by your percentage of fault in the injury. It’s vital to have a personal injury attorney who knows how to gather effective evidence and put it all together to prove fault. Our Salem personal injury lawyers are well-versed in the state and federal laws and regulations that may apply to your case.

Other Considerations

Navigating the intricacies of a personal injury settlement in Oregon can be stressful, and calculating future medical expenses can be challenging if you’re unfamiliar with the process. Our accident attorneys know how to accurately value your claim. They may negotiate a higher settlement to maximize the final amount of compensation you receive. This ensures all your medical expenses are covered and you receive adequate compensation for other damages such as pain and suffering.

We help you understand the differences between lump sum and structured personal injury settlements, which can be helpful for injured victims who require long-term medical care. We use our experience and knowledge to protect you from potential pitfalls throughout the claims process.

Most personal injury claims are settled out of court. However, if a fair settlement agreement cannot be reached, our personal injury lawyers may take your case to trial.

Trust Our Personal Injury Lawyers to Offer Straightforward Legal Advice

Understanding the role of medical bills in your personal injury settlement is vital. Unlike many larger personal injury law firms, we don’t overpromise or guarantee results just to get clients. We explain the realistic possibilities for recovering compensation so you can make informed decisions. Our team helps you understand your options and handles all aspects of your case so you and your family can focus on healing. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. We also litigate cases involving divorce and family law and estate planning and probate.

Contact Our Personal Injury Lawyers in Salem, Oregon

If you’re wondering whether you have to pay your medical bills from a personal injury settlement, you don’t have to go it alone. Our team at Johnson and Taylor helps you understand your rights and maximize your settlement so you can protect your family’s financial stability. Contact us or call 503-990-6641 to schedule a consultation with a personal injury attorney in Salem today. Members of our team provide our Spanish-speaking with the quality legal representation they deserve.