Category: Uncategorized

Second Wave Seconds the Need for Estate Planning

elderly man looking at laptopIn this uncertain COVID ridden world, planning for what you want to happen to your possessions and assets as well as for other future needs, may be one of the few things that can bring you peace of mind, knowing that you have done what you can to make the future a more secure place. 

Planning for the Second Wave

Even though for a while it looked like the United States was flattening the curve on the spread of the dangerous coronavirus, this trend reversed its course in mid-June. This reversal resulted in record numbers of new infections. While the media, politicians and health experts around the globe are talking about preparing for the second wave of infections, the reality is we are not out of the first wave. This wave may get worse before it really gets better and if predictions are right, it’s not a question of “if” the second wave hits but “when” it will hit.

Now, more than ever, it’s important to be as prepared as possible for an uncertain future and it’s a good idea to be prepared for the second wave.

The Future & Your Estate

With a scary future ahead, where the coronavirus will be around for a longer time than many people ever imagined it would, comes a greater importance to plan your estate or to make sure it is still up to date if you have one that you planned more than a year or two ago. Different peoples’ situations will create different needs for what they need to do to make sure that their estate is planned to their satisfaction. It is recommended that you enlist the help of a licensed estate planning attorney when you plan your estate or when you need to update an existing one.

Estate Planning

While many people do not enjoy the thought of planning for a time when they will no longer be here or when they might no longer be able to care for themselves and/or to make decisions about their finances and healthcare, the sense of relief they feel when they have finally done this gives them little to no regrets for having done so.

Estate planning is not only a way to ensure that your wishes are met after your passing but having a sound estate plan may also help to minimize the estate taxes that your heir or heirs will have to pay. The very basics of estate planning include the following:

  • Choosing who you want to be responsible for managing your assets in the event you become unable to manage them yourself; and defining what circumstances you want to be considered unable to manage them on your own
  • Choosing who will manage your health care if you are unable to take care of yourself; defining what health care decisions should be made on your behalf
  • Choosing who and/or what organizations should receive your assets after you pass, as well as who will be your executor, the person designated to distribute your assets when you are no longer here.

If you are looking for a highly rated estate planning lawyer in the Sacramento area who knows how to help people prepare for the second wave and more, contact the Yee Law Group today.

4 Medical Conditions That May Cause a Car Accident

Driver inattention, speeding and drunk driving are all likely to cause serious car accidents, but what happens when a medical condition or sudden emergency is the cause of a wreck? While some states may restrict driver’s licenses for those with medical issues, these incidents might still occur without warning. There are several common medical problems that may affect your driving ability, and knowing how they might affect you could help you prevent a serious accident.

  1. Type 2 Diabetes 

While most instances of Type 2 diabetes can be controlled with medication, a nutritious low-sugar diet and proper exercise, a sudden drop in blood sugar could cause you to feel faint, dizzy or disoriented. Even a moment’s inattention due to these problems could cause you to rear-end the driver in front of you or drift from your lane and into another car. Controlling and checking your blood sugar before you get behind the wheel could help you avoid an accident.

  1. Limited Eyesight

If you wear corrective lenses or contacts, driving without them in place could increase the odds of you causing an accident. This can be especially dangerous if you cannot read road signs that announce construction areas or other areas where road conditions may change. If your license lists your need for corrective lenses, you may be fined if you are found driving without them.

  1. Heart Disease 

Some types of heart disease can be controlled with medication, but sudden problems may occur without warning while you are behind the wheel, such as a heart attack or sudden arrhythmia. These events could lead to severe pain and even loss of consciousness, which may lead to a serious car accident. You may want to drive with a companion if you have heart trouble or limit your driving time by taking cabs or public transportation instead.

  1. Seizure Disorders 

Because seizures can be difficult to predict when you have epilepsy or a history of seizures, you may want to consult your physician before you decide to drive. Suffering a seizure while driving could pose a serious risk of injury to you, your passengers and those who share the road with you. Even if your disorder is under control, predicting when a seizure may happen can be almost impossible, so you may want to take extreme caution if you decide to get behind the wheel.

Certain medical conditions could hamper your ability to drive and may even cause an accident, but you do not have to face the consequences alone. Contact Wiseman Bray PLLC, for further information and assistance about a car accident case.

Employer Response Regarding Sexual Discrimination

Real Estate Lawyer

When we go to work for an employer, it’s only natural that employees put their faith in leadership to ensure that the proper procedures are happening throughout the company. This includes situations regarding employment law and sexual discrimination in particular. You will want to trust that your employer is taking the appropriate steps when an employee comes forward with a complaint. Understanding sexual discrimination, the proper steps an employer should take when faced with a complaint, and the consequences for not taking action may be helpful to employees grappling with discrimination in the workplace. 

Proper Measures by an Employer

All employers should have some procedural plan in place in the event that an employee comes to them with a harassment or discrimination complaint. This can help ensure that the company takes the proper steps to remedy the situation before it gets out of hand. When an employer provides the proper response to an employee, they may be able to take the action needed to stop discrimination. Failure to do so may result in serious consequences, especially if the employer retaliated against the employee in some way. All complaints from employees should be taken seriously. Interestly enough, even if an employer hears of harassment of discrimination through idle office chit chat, they should look into it. Here are some examples of steps and employer should take:

  • Make sure all employees know the company’s policy on discrimination or harassment. 
  • Offer flexibility for employees to make complaints. An employee will likely not want to file a complaint to their supervisor if they have been the ones engaged in poor behavior. Give employees several different options to report a problem. 
  • Take all complaints seriously. Employers must investigate all complaints. 
  • You are not always able to maintain confidentiality when addressing such claims. In order to manage the situation, properly investigate, and remedy the problem, you may not be able to keep every aspect of the complaint confidential. 
  • If the discrimination is reported to you secondhand by another employer, you should still take it seriously and investigate the claim. 
  • Have a clear plan around how the claim will be investigated and what course of action will be taken once the investigation is complete.
  • Keep clear documentation of all conversations had with those involved. 
  • Keep the employees up to date and ensure that retaliation in the workplace is unacceptable and will not be tolerated. 
  • If necessary, employers should also consult with their attorney to ensure that they are managing the complaint fairly and appropriately. 
  • Continuously follow up with the employee who filed a complaint.

Depending on the situation an employer is faced with, they may also want to go over the company’s policy and ensure that all staff have the necessary information. Taking action in a respectful and appropriate way can make all the difference. 

Consequences to Lack of Action

When an employer does not take proper measures when faced with complaint, their lack of action can have a significant impact on their company. Here are some consequences they stand to face if they behaved poorly by not taking complaints seriously or retaliating against the person who came forward:

  • Poor employee morale and company culture
  • Impact on the company’s reputation
  • If a complaint is filed with the EEOC they may:
    • Investigate the complaint
    • Investigate the company’s practices surrounding all aspects of employment
  • The EEOC may require you to take the following steps to resolve the situation:
    • Compensate the employee for lost wages
    • Give them their job back
  • In addition to this, an employer may be responsible for legal fees and other forms of compensation to the employee.
  • In some situations an employee may be eligible to file a lawsuit against their employer

The consequences can be vast, employers should take care in managing complaints by taking them seriously and investigating them to the fullest extent. Failure to do so may have a disastrous impact. 

When faced with sexual discrimination complaint, it’s important that your employer responds accordingly. Failure to do so, may have a serious impact on their business. If you or someone you know has been sexually discriminated against in the workplace, contacting an attorney, like an employment litigation lawyer in Washington, DC from Eric Siegel Law, for their guidance may be the best way to proceed. 

Functions and Limitations of Basic Estate Planning Documents

Estate Lawyer

Even if you do not have a lot of assets, you should still have an estate plan in place. It doesn’t have to be complex; you can limit it to simple, basic documents if that is appropriate for your situation. There is some overlap between the functions that estate planning documents perform. At the same time, each has its limitations. Financial advisors often recommend a comprehensive estate plan that contains multiple documents. Here is an overview of a few of the most common estate planning documents, including their functions and limitations.


Also referred to as a last will and testament, the will is an estate planning document that most people are familiar with even if they do not know about the others. The two main functions of a will are to give instructions for the distribution of your property after you die and to name a guardian for your minor children, if you have any. The will only takes effect when you die. Assets contained in a will must go through the probate process, which means it can take time before your beneficiaries receive their inheritance. A will is not the place to give funeral instructions as the ceremony usually takes place before it is read. It is also not a good idea to leave money to a person with special needs in a will because bequeathing a lump sum could hurt the person’s eligibility for government benefits.


A trust allows you to set aside assets for distribution to the beneficiaries you designate according to a schedule you establish. There are different kinds of trusts, which means you can choose one that fits your specific needs. People who have to provide for the care of a person with special needs often choose a trust to do it since they can set up the trust so that it does not hurt the person’s benefit eligibility. Trusts also allow your heirs to receive their inheritance without going through probate. However, some people find that they still need a will for any assets not in a trust or for designating a guardian, which requires a will in many states.

Advance Directive and Power of Attorney

Also called a living will, an advance directive outlines the type of medical treatment you do and do not want to receive if you are no longer able to make your own health care decisions. Incapacitation can occur for many reasons, such as dementia or coma. An advance directive does not give someone else the authority to make decisions on your behalf. For that, you need a health care power of attorney.

Attorneys, like an estate planning lawyer from Klenk Law, can help you create an estate plan that works for you. Contact a law office for a consultation.

Is Filing for Bankruptcy the Right Choice?

Estate Planning Lawyer

When you are in debt, you may wonder if filing for bankruptcy is the right choice for your situation. While you don’t have to file for bankruptcy simply because you are in debt, you might feel desperate to have those debts paid, but with no way to pay them. In such a case, bankruptcy might be the only solution, but how do you know for sure? Speaking with a bankruptcy attorney can help you determine what to do when you are faced with serious debt.

Is Bankruptcy Required?

If you have the means to pay off your debts, bankruptcy is not required. You may be able to come up with a budget on your own so you don’t get sent to collections. If this is something you feel equipped to do, even if it requires the assistance of friends or family, then it may be your best option. Chapter 7 bankruptcy stays on your credit report for up to ten years and chapter 13 bankruptcy is on your report for up to seven years. If you can avoid this, you should.

What If There Is No Other Option?

If there is no other option but to file bankruptcy, it’s going to be ok. Bankruptcy is a great option for those who don’t have the means to figure out their debt on their own. According to the law, there is no minimum requirement on the amount of debt one must have to file for bankruptcy. If you are unable to pay your debts on your own, creditors are unable to work with you, creditors are trying to sue you or garnish your wages, or you are dealing with other similar issues, bankruptcy could be your only option.

Do I File Chapter 7 or Chapter 13?

There are two types of bankruptcy a person will typically file. Chapter 7 bankruptcy is for those who don’t have a disposable income. The individual’s property will be sold to pay off as much of the debts as possible. Chapter 13 bankruptcy is for those who do have a secure income. Instead of selling property, the court will outline a course of action to pay back all or a portion of the debts. Once the individual has completed his or her part of the agreement, the remaining debts are often forgiven.

Learning More

You may still be wondering whether filing for bankruptcy is the right choice for you, and that’s understandable. To learn more, contact a bankruptcy lawyer, like a bankruptcy lawyer from Kamper & Estrada, PLLC, today and discuss your case.

How to Lead in a Time of Crisis

Law firms across the United States have been impacted by the COVID-19 virus and various orders have been issued from the governor, the courts, and the local authorities. This crisis is one that none of us have ever been through before. As a result, law firms are having to manage their firm and staff without a prior game plan in place. The various orders from the state and counties have been moving targets and different courts have different rules for operating, while some are not operating at all. To complicate matters further, clients are having the same issues.


The most difficult task law firms are presented with during this time of crisis is how to balance the reduction of work, the safety of the firm’s personnel, and the economic realities of running the firm. Firms did not prepare for this. Some firms may have had pandemic policies and human resource policies that outlined what protocols to implement, they likely did not cover complete office closures. There was likely not a provision that considered your entire staff to have to work remotely and how that would be implemented. Furthermore, layoffs and having to reduce employees’ work hours were likely not considered. If someone told you a pandemic was going to require the entire country to shut down and require all businesses to immediately cease all in-office work, you would laugh it off. No one is laughing now.

There are many layers to the impact of this pandemic. First, firms have had to reorganize and restructure all facets of their operations. Second, employees have had to figure out where they stand within the organization and determine if their jobs are in jeopardy and what their immediate future looks like at the firm. Third, clients are concerned that their cases will be put on hold while at the same time they, too, might lose their job and the ability to pay their bills. Lastly, what impact does this have on the leaders of the firm? Those who are in leadership are responsible to figure out the best way to care for their business while still supporting their employees and meeting the needs of their clients. This is no small task.

Honesty is key to getting through this tough time. The saying, “some things go better unsaid,” does not apply here. Being honest with your employees and providing them the truth of how their hours and salaries will be affected is critical during this time. Admitting you do not have all the answers is also okay. Employees and clients will appreciate your honesty. However, they will likely then ask, when will you know and what do you think you are going to do. That leads to having to take action. First, share your concerns with your firm and your employees. Explain the concerns that you have and what you anticipate happening in the weeks to follow. Be clear that things are subject to change and you cannot predict the outcome. By doing this you humanize yourself and can be relatable, as everyone is in this situation together. True leadership is being in the trenches with your employees and exhibiting transparency.

Attorneys like to be able to make sound decisions after intense evaluations and a consideration of all the facts. This pandemic has not given people this luxury. Law firms have had to adapt on the fly in a matter of days. This has required a complete shift in how the firm operates. The longer this pandemic has dragged on there has been time to adapt, however, due to the uncertainty of cases and court openings from county to county, it has been hard to determine when another shift is going to occur. 

Unfortunately, layoffs, limiting employees’ hours, and putting employees on furlough has been a consequence of the pandemic. One step you can take to show that you value the employees that you have put on furlough or limited their hours is to continue to contact them and provide them with status updates as you get more information. This will allow them to realize you appreciate them and you desire to have them back once this pandemic ends. These regular calls, emails, or texts will allow your employees to feel a part of and will breed loyalty and trust for the future. Your human resource professionals and administration team can also assist you with being transparent and help include your employees in the solution.

Although there is light at the end of the tunnel, in the sense things will start to open back up in the coming weeks, the belief things will go back to normal is naive. The uncertainty of what is to come is alive and well, and the concern that this pandemic will linger for months, if not years, is a realistic one. The decisions and steps that firms take during this time will impact the firm during the recovery period. 

So, what is important during this time? Communication is probably the most important tool during this time. Build a foundation of trust with your staff. Be kind, patient, and empathetic to all. Finally, don’t forget to update your employer handbook. This could happen again, and you will want to be prepared if it does. As an employer you are the leader and are measured by how you handle a crisis when it arises. 

If you have more questions regarding this, contact a lawyer coach, like a lawyer coach in Arlington, TX, today. 

Thanks to Brandy Austin Law Firm for their insight into how to deal with the COVID-19 pandemic if you are in charge of a law firm.  

What Is the Price Tag of PTSD in a Truck Accident?

After a tragic truck accident, everyone who has been involved is examined and treated for any physical injury that they have sustained as a result of the accident. In cases where one party has been negligent, the victim of the incident may bring a claim against the driver to settle up the medical bills, the damage done to the car or bicycle, and, in truly horrendous accidents, the price of a life. The physical damages of an accident can generally be tallied up because the tangible, physical injuries have tangible, physical remedies. However, what about the emotional trauma and damage that occurs from someone involved in an accident or even someone who has witnessed an accident?

Correlation Between Truck Accidents and Post-Traumatic Stress Disorder

In a study published by the National Center for Biotechnology Information, doctors noticed a link between victims who were involved in minor and major motor vehicle accidents and short and long-term psychiatric disorders that were not present in the victim before the accident. Many victims displayed post-traumatic stress disorder symptoms, phobias relating to travel, and other mood swings and disorders. As the medical field researches further into post-traumatic stress disorder, Courts are allowing victims to bring suit for non-physical damages that they have sustained as a result of the accident.

Negligent Infliction of Emotional Distress

State laws allow for a victim to bring a cause of action known as “Negligent Infliction of Emotional Distress,” which determines that anyone with a non-physical, mental trauma that results from someone acting negligently may receive damages. The law has restrictions regarding victims who may bring this type of case to court. The following are some of the restrictions to the law:

  • The defendant must have had a duty of care to the victim and acted in a way that unreasonably endangered the victim’s safety or caused the victim to fear for her life.
  • The victim must have been in the “zone-of-danger,” meaning he must have been in the vicinity of immediate danger of bodily harm caused by the defendant acting unreasonably.
  • A victim who has witnessed a collision may only recover if her emotional trauma was caused by the contemporaneous witnessing of the serious injury or death of a family member, which was due to the defendant’s negligence.

The negligent infliction of emotional distress allows victims to recover for damages for mental trauma that they have undergone as a result of the defendant’s negligent actions. The fact that a victim may bring a claim allows for the system to justly compensate a victim who may have insignificant physical damages, but who is suffering extensively from mental or emotional damages.

Are You Suffering from PTSD?

Because the law is still evolving, the granting of damages for negligent infliction of emotional distress is decided on a case-by-case basis and is very fact-specific. It is important that you meet with an attorney if you have been in a truck accident and you have sustained not only physical but emotional injuries. An experienced trucking accident lawyer in Memphis, TN will be able to guide you through the process and help you recover damages owed to you as a result of your physical and mental/emotional injuries. Please contact a law firm for an initial consultation today.

Thanks to Wiseman Bray, PLLC for their insight into personal injury claims and PTSD after a truck accident.

PTSD Counseling Following a Car Accident


Any car accident that is more serious than a minor fender-bender is apt to result in injuries. Serious injuries. However, not all serious injuries are physical. In fact, it’s not unusual for a person who was involved in a car accident to experience acute emotional trauma associated with the event. The emotional trauma may be relieved in their mind in a nearly endless loop; causing them to continually re-experience the event and feel traumatized repeatedly. The emotional trauma that results can make it difficult to impossible for them to do anything that remotely reminds them of the car accident. It can result in them not being able to drive. This can impede their ability to commute to work, grocery shop, socialize, and much more. Thankfully, there is help available for those who suffer from emotional trauma due to a car accident, including speaking with a lawyer, like a car accident lawyer in Central Phoenix, AZ from Kamper & Estrada, PLLC.

When a car accident lawyer prepares a claim for their client prior to submitting it to the at-fault insurance company, they perform an accounting of damages. In addition to the cost of medical treatment for broken bones and other physical injuries, the victim’s emotional injuries should also be included. Placing a dollar value on such non-physical injuries may seem odd, but the resulting compensation can be used to pay for counseling. Just as the individual may undergo physical therapy, it may be appropriate for them to also seek emotional or psychological therapy.

Treating Post-Traumatic Stress Disorder (PTSD)

PTSD is a common emotional injury among those who have been involved in serious car accidents. Though the individual may not have sustained any physical injuries, if they develop PTSD as a result of the event, this should not be taken lightly. Seeking the professional guidance of a licensed therapist should be considered a priority. If left untreated, the PTSD can remain indefinitely, and other conditions could develop. The stress associated with PTSD can lead to further emotional injuries, and can weaken the body’s immune system. That in turn can allow serious physical conditions to develop such as heart attacks, shortness of breath due to anxiety or panic attacks, dizziness, and much more.

Here are two scenarios in which it is not unusual for the car accident victim to develop PTSD:

  •         They were nearly killed or seriously injured, or did sustain a serious injury in the accident.
  •         They witnessed a loved one or another vehicle occupant sustain a fatal injury in the accident.


Counseling for PTSD


A licensed therapist who is experienced with treating patients with PTSD and other types of emotional trauma conditions can work with the individual to minimize or eliminate the PTSD. This can lead to a more fulfilling and joyous life again. If their productivity at work has suffered, or their interpersonal relationships have been damaged as a result of PTSD, counseling may help them to work through the trauma associated with the car accident. If this describes your circumstances, consider contacting a therapist to begin the healing process.


Estate Planning During The Coronavirus FAQs

Estate Planning Lawyer Sacramento CA

senior couple estate planningWith coronavirus consuming the headlines, you may be thinking about estate planning. Estate planning is much more than merely creating a will. A strong estate plan also consists of several other essential documents. These may include a revocable trust (sometimes called a living trust), health care powers of attorney, financial powers of attorney, and more. These documents serve a crucial role in the overall planning.

What is a Last Will and Testament?

This document offers legal instructions to direct the distribution of your property after your death. It allows you the opportunity to appoint an executor, who oversees the distribution of your assets. 

Everyone has assets, and without a will, there is no direction as to how those assets will be distributed. If no will is in place at the time of your death, the distribution of your assets will be handled by the state.

A will also offers you the opportunity to appoint a guardian to take care of your minor children. If you don’t have a will in place, a court will decide who will best fulfill that role. 

What is a Health Care Power of Attorney?

A health care power of attorney (HCPOA) gives an agent of your choosing the legal authority to make health care decisions for you if you are not competent or are incapacitated. If you don’t have an HCPOA and are over the age of 18, your family members will have to request that the state probate court appoint a guardian to wield these powers.

What is a Financial Power of Attorney?

A financial power of attorney (FPOA) document gives an agent of your choosing the legal authority to carry on with your financial affairs and protect your property. The FPOA allows the agent acting on your behalf the ability to pay bills, make deposits, write checks, sign tax returns, and sell or purchase assets.

What is a Living Will?

A living will is also known as an advance health care directive. It allows you to specify the specific end-of-life treatment you do or don’t want to receive if you are permanently unconscious, terminally ill, or won’t survive without life support.

What is a Living Trust?

A revocable living trust is a legal contract that you enter into with yourself to create an entity to hold your assets. It’s revocable, so you can change it at any time. If you become unable to manage your estate, your living trust prevents the need for a court to appoint conservatorship. You designate a successor trustee who manages your affairs without the court being involved. A trust also affords you the utmost privacy surrounding the details of your estate. It avoids the need for a public probate process.

How Can I Plan My Estate During the Coronavirus?

The coronavirus situation has made accomplishing some tasks nearly impossible. This is not the case with estate planning at Yee Law Group. The estate planning professionals at Yee Law Group are doing virtual meetings. You can talk to us about your estate from wherever you are social distancing. There may not be a better time than now to plan your estate. Reach out to us today to schedule your virtual appointment with an experienced Estate Planning Lawyer Sacramento, CA residents recommend.

Why you should have a Health Care Proxy and a Living Will in the Midst of Covid-19 Pandemic of 2020

Health Care Proxy Covid-19Do you have  a Health Care Proxy? Living Will? 

What happens, heaven forbid, if you find yourself being hauled off to an emergency room during this pandemic? We’ve all read the horror stories of loved ones being taken away and not allowed any visitors. Worse yet, if you are sedated, or in a position not to speak for yourself, who will speak for you in the Hospital? Who will make the ultimate decision if you are in an irreversible state?  Will there be a debate amongst your loved ones as to whether or not to take you off life support? Without a Heath Care Proxy and a Living Will, these scenarios can become nightmarish. 

If you have a Health Care Proxy, it means you have designated a “Health Care Agent,” someone you trust, to speak for you at the hospital. In other words, you have given that trusted person the legal authority to speak for you, to advocate for you. This makes everyone’s life simpler, yours, and the hospital’s in the event you cannot speak for yourself. This is an extremely important document as it gives the Health Care Agent enormous power. These documents should include warning language such as this:



This language is not all inclusive, but certainly illustrates the point.

If you have a Living Will it can be used in tandem with the Health Care Proxy to put the World on Notice of what YOUR desires are in the event that you are in an irreversible state and constitute your exercise of  your legal right to refuse treatment. Some of the language in document could include the following:

“Therefore, I expect my family, physicians, health care facilities and all concerned with my care to regard themselves as legally and morally bound to act in accordance with my wishes, and in so doing to be free from any liability for having followed my directions.  These directions reflect my firm and settled commitment to decline medical treatment under the circumstances indicated above.  I intend these directions to be carried out, unless I have rescinded them in a new writing or by clearly indicating that I have changed my mind.”

As you can see, in these uncertain times, it is extremely important to be prepared with these two documents-in our future postings, we will discuss the importance of  having a Power of Attorney and a Last Will and Testament, all of which can be prepared by a qualified attorney.

In the meantime, please stay healthy and safe!

Thanks to our friends from La Pietra & Krieger PC for their insight into health care proxies.