Redkey Gordon P.C.

BE SMART FOLLOWING A CAR CRASH

1.  GET A POLICE REPORT! 

If you are involved in a motor vehicle collision, it is imperative to have a law officer document the necessary information regarding the collision.  Often parties to an accident change their statements or opinions after the collision.  A law enforcement officer will take statements from all involved parties and obtain the identity of any witnesses. An officer will also obtain the necessary insurance information from the drivers that is required should you have a claim for physical injuries or property damage. 

1. DO'S/DON'TS

After a significant collision you should immediately contact a qualified attorney prior to dealing with the other driver's insurance.  People make many mistakes when dealing with insurance companies following a collision.  If you need to contact the other driver's insurance company do so at your own risk.  An insurance company is in business to reduce the amount of money they pay on accident claims.  With that in mind...

DON'T PARTICIPATE IN A RECORDED STATEMENT-- This recording is often used to contradict your testimony at later legal proceedings.

DON'T LET YOUR VEHICLE BE FIXED BY THE OTHER INSURANCE'S AUTOBODY SHOP -- This is a way that insurance companies minimize the cost and quality of repairs to your vehicle.  Take your vehicle to a reputable body shop of your choice who can deal directly with the insurance company.

DON’T SIGN MEDICAL AUTHORIZATIONS -- Insurance companies often try to get victims to sign these documents as an attempt to "help assist  in getting their medical records."  However, most of these medical authorizations are unlimited in time and scope and allow the insurance company to retrieve all, and I mean ALL of your personal medical information over the course of your life. Your entire medical history is an open book when you sign these authorizations. 

     3.  CHECK YOUR INSURANCE!!!

Full Coverage - “Full coverage" is usually not full coverage.  There are two types of coverage in your insurance policy that are critical for victims in an accident; medical payments and underinsured motorist coverage.

Medical Payments Coverage- Medical payments coverage is not required but very beneficial for people that have sustained injuries in a collision.  Medical payments coverage pays for immediate treatment after an accident with virtually any medical provider.  For those without medical insurance or insured by Medi-Cal, medical payments coverage is crucial.  Medical payments coverage also helps those with good health insurance.  Many victims of a collision need the assistance of chiropractors or massage therapists to fully return to pre-accident health.  Most of these medical providers don't accept any type of health insurance but do bill medical payments coverage. The use of this coverage does not affect your insurance rates and is a great deal for the relatively low cost of the yearly premium. 

Uninsured Motorist Coverage- According to California Department of Insurance,   25% of all the motorists in California are uninsured. Therefore, you absolutely need to carry uninsured motorist coverage to account for the high degree of probability that the other driver will not have insurance.  Carrying this coverage is relatively inexpensive and will not raise your own insurance rates should you utilize this coverage. Your medical bills will not be paid if there is no insurance from the other driver and you decline uninsured motorist coverage.   As a personal injury attorney, I can only usually assist you in your claim against the other driver if there is insurance to address your claims for damages.

As you can see, contacting your local insurance agent and modifying your own insurance policy can smooth your path following an automobile collision.

Should you have any additional questions or concerns, contact Jude Redkey, an experienced personal injury attorney at the law firm of REDKEY GORDON LAW CORP.

Elder Abuse Accusation in DJ Casey Kasem's Estate Feud

"Detectives are still actively investigating the elder abuse case," LAPD spokesperson Jane Kimtold THR. "They want to be as thorough as possible before a case is presented to the DA's office."

The hits just keep coming in DJ Casey Kasem’s estate battle.

The Hollywood Reporter quoted private investigator Logan Clarke in its recent article titled Casey Kasem's Daughter Demands LAPD Arrest Widow for Elder Abuse. "

According to Clarke, [Jean Kasem] took Casey on a five-day odyssey:

“They ran out of food, bought a six-pack of Ensure at a drugstore, poured it into the feeding machine, and jammed it -- and they're saying this woman didn't kill him? The nurse in the car took pictures of his colostomy bag full of blood. The cops have all the evidence. Belle Chen at the DA office told me she'd love to have a crack at this case. LAPD should be ashamed.”

Jean Kasem has claimed Casey's death was Kerri Kasem’s fault. She removed him from life support because his 2007 health directive said to do so if life support "would result in a mere biological existence, devoid of cognitive function, with no reasonable hope for normal functioning"

"They all have blood on their hands," said Jean Kasem.

Kerri Kasem says that’s not true and she has started a foundation, Kasem Cares. She also supports Assemblyman Mike Gatto's legislation (AB 2034) that would allow a judge to rule on visitation [when a spouse forbids family members to see a loved one], instead of forcing family members to go through the very costly conservatorship process. In addition, it takes time, and your loved one could be dead.

Between Kerri Kasem and Jean Kasem, they have reportedly hired 13 sets of lawyers and spent more than $650,000 in legal fees—which is just one more point of contention. They are now fighting over who should pay court costs.

Find out more by contacting Robert A. Gordon of Redkey Gordon Law Corp, and experienced elder law attorney.

Reference: The Hollywood Reporter (February 02, 2015) “Casey Kasem's Daughter Demands LAPD Arrest Widow for Elder Abuse”

Blending Families through Marriage? Prudent Estate Planning Is a Must

Blended families without a proper estate plan for wealth transfer could run into additional obstacles not observed by traditional families.

For example, state inheritance rules, intestate laws, and conflicts in beneficiary designations could be inconsistent with the will. In addition, a disinheritance of new family members without the knowledge of the entire family can cause emotional friction between the surviving family members.

There have been some laws enacted that have changed how beneficiary designations are handled, so make sure your estate plan is in sync with your retirement accounts. Do this because those beneficiary designations generally supersede what is directed in your will.

You can learn more in The (Lakeland FL) Ledger article titled “Tips for Successful Wealth Transfer to Your Survivors.” The article says having a trust as a beneficiary of an account is a good way to control wealth transfer. It allows the assets to flow through a trustee rather than an account custodian. The discretionary distribution of assets is a method of controlling "from the grave" how your money is to be given to certain family members who might have issues dealing with their finances. It’s what’s known as a "spendthrift provision."

You can accomplish secure wealth transfer and estate planning by working with an experienced estate planning attorney, Robert A. Gordon of Redkey Gordon Law Corp. Protect your wealth and the relationship with your heirs by carefully creating an estate plan and discussing that plan with your family.

Reference: The (Lakeland FL) Ledger (February 4, 2015) “Tips for Successful Wealth Transfer to Your Survivors”

Massachusetts is Behind on Dementia Care Compliance

Arlene Germain, president of Massachusetts Advocates for Nursing Home Reform, said the new rules, once implemented, could substantially improve the lives of nursing home residents. But, she said, “strong oversight and greater nursing home participation are critical to ensure that the law’s benefits are meaningful and widespread.”

The process for dementia care compliance checks in Massachusetts has been slow, as the state handed out its dementia special care checklist for inspectors in December—almost six months after the rules were adopted.

The Boston Globe article, titled “Dementia care lacks oversight in Mass., data show,” says that despite the delays, state regulators are not conducting spot checks for compliance—they’re already just too busy with routine monitoring of more than 400 nursing homes. However, the state health department recently announced that its inspectors would now review dementia care during their annual visits to each facility. But this means some nursing homes may not be subject to these compliance checks for months.

The president of the state’s Advocates for Nursing Home Reform says the new rules, once implemented, could substantially improve the lives of nursing home residents. However, increased oversight and greater nursing home participation are crucial to ensure that the law’s benefits are meaningful. Nevertheless, nursing home administrators say they are struggling to comply with the rules due to its expense.

The Massachusetts Senior Care Association reports that many members have spent as much as $30,000 on the required staff training. Those rules—in addition to other general training requirements—are intended to close a loophole that allowed nursing homes to advertise dementia units without providing added training for their workers, specialized resident activities, or safety measures to prevent residents from wandering. Massachusetts is lagging behind the rest of the country on requiring these protections. The original article reports that a 2005 federal report noted that 44 states at that time already had requirements governing training, staffing, and security for facilities that provide specialized dementia care. Regulators believe it was important to mandate the training, as over 50% of the state’s 41,000 nursing home residents have dementia.

Obtain additional information from an experienced elder law attorney, Robert A. Gordon of Redkey Gordon Law Corp.

Reference: Boston Globe (February 9, 2015) “Dementia care lacks oversight in Mass., data show”

Special Needs Planning with ABLE Accounts

"I think it's great because it's not overreaching and it's not underreaching. It just kind of fits that one spot where we didn't have something: How does somebody with a disability put some money aside to do something? To basically be living like their peers," said Lori Guzman, an attorney in Apple Valley who works with families who have individuals with disabilities.

According to a recent article in the Pioneer Press, titled “Minnesota law would help parents of children with disabilities save for future,” right now people with disabilities can lose eligibility for public benefits once they reach $2,000 in savings. With an ABLE account, contributions of up to $14,000 per year are allowed under current rules, and the account could grow to $100,000 before Social Security Supplemental Security Income would be suspended.

These "ABLE" accounts—which stands for “Achieving a Better Life Experience”—allow parents to sock away money for blind or disabled children in the same kind of tax-advantaged 529 account they now can set up to pay for higher education for their college-bound kids.

The original article points out that these contributions themselves are not tax-deductible. However, your earnings accumulate tax-deferred, and distributions are tax-exempt if they are used for approved purposes like housing, transportation, education, health care, support services, and training. To qualify for an ABLE account, a person must have a significant disability with an onset before age 26.

An ABLE account shouldn’t replace other long-term estate planning, and families need to also look into trusts as well because the ABLE account is capped. When you die, you can't just dump assets into an ABLE account. The ABLE accounts do permit parents to level out how they treat their disabled and nondisabled kids in terms of annual gifts for estate purposes.

In the first bill signed into law this session, Minnesota lawmakers and Governor Mark Dayton included the federal ABLE act. This act was signed by President Obama last year and was added to the state tax code, but lawmakers have to pass a bill to set up ABLE accounts in Minnesota. A Senate bill to do that gets its first hearing this month.

Need more information? Contact a local experienced estate planning attorney, Robert A. Gordon of Redkey Gordon Law Corp.

Reference: Pioneer Press (February 12, 2015) “Minnesota law would help parents of children with disabilities save for future”

Did You Really Think of Everything? A Lesson from Robin Williams’ Estate Battle

There’s barely a person over the age of 40 or so who does not come with a family squabble about, well, things following the death of a well-loved parent, grandparent, or family friend. Even Robin Williams, who planned his estate well, could not avoid a family feud after his passing.

Sadly, it’s true. In just four months after the comedian’s death, litigation has begun between Williams’ three children and his third wife. Even a well-thought plan can be challenged by those you leave behind.

The recent slate.com article, titled “Robin Williams’ Family Is Like Yours” says that a good talk with the family is the best way to avoid post-death struggles over your estate after you pass away. Sit down with your loved ones and tell them about your will, and how you’d like to see your belongings divided up. Convey some life values while you’re at it. You can even ask for their input.

After the death of a well-loved parent, family squabbles can erupt over vacation homes that have been in the family for generations—or things with much less value. These battles are often over items that aren’t financially worth an hour of the most inexpensive lawyer’s time!

As for Robin Williams’ possessions, the lawyers for Schneider Williams referred to the items as “knickknacks,” while, in their counter-filing, Williams’ children claim these possessions were “carefully amassed.” They say that their stepmother of less than three years had the possessions quickly appraised, and was motivated by greed.

The original article explains that even worthless possessions can become proxies for personal battles that are, sadly, never resolved. Second and third marriages—like those of Robin Williams—make things more complicated, but any family can have such headaches, too. 

Speak with an experienced estate planning attorney, Robert A. Gordson or Redkey Gordon Law Corp and get your plan in order. Then talk to your heirs so they know what to expect and are ready to deal with it.

Reference: slate.com (February 4, 2015) “Robin Williams’ Family Is Like Yours”