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Archives for January 2017

Doctors & Medical Professionals: Here’s How To Respond To Search Warrants

Search Warrants Can Be Scary – Here’s How To Respond

Search Warrant Audit Physician Doctor Attorney Lawyer Jeyaram & Associates“Knock. Knock.”

“Who’s there?”

“The Government. And here is a search warrant.”

Sadly, this is no joke and many doctors and healthcare providers will be served with warrants this year.

Warrants can mean anything from audits to criminal activity and have serious consequences including putting your practice out of business.

Step-By-Step Response To Search Warrants

If the government shows up at your door with a search warrant, the following are some important steps to follow:

  • Immediately call your attorney. It is crucial to call an attorney who has experience in both healthcare law and defense.
  • Ask for identification of the people at your door. Review the credentials or business card. Write down the name and contact information.
  • Do NOT destroy, alter or remove any documents.
  • Be polite. Remain calm. Be cooperative. Say please and thank you.
  • Ask for a copy of the search warrant and any affidavits filed in support of the warrant.
  • Ask what crime and conduct is under investigation.
  • Request that no interviews be conducted until your attorney arrives.
  • Immediately advise all supervisory personnel of the search and that they are to wait for the attorney to arrive before answering any questions.
  • Compile an inventory of all the documents being removed and ask if you can copy all the documents being seized – this includes making a back up disk for all computer files.
  • Make a record of everything said by an investigating officer. If you cannot do this during the search, write up your recollection after the search.
  • If possible, videotape or photograph the search.
  • DO NOT speak with the press.

Contact Experienced Legal Help Immediately

It’s imperative to follow these steps. But if nothing else, immediately contact an attorney and he/she will help guide you through the process.

Jeyaram & Associates has helped hundreds of providers successfully handle government investigations. Contact DJ Jeyaram at DJ@JeyLaw.com or 678.325.3872.

Why You Want To Avoid Probate

Wills Trusts Estate Planning Attorney Avoid ProbateProbate

It’s a word we often hear when we’re talking about wills or special needs trusts – but what does it mean? And why does everyone tell you to avoid it at all possible costs?

Probate is the formal legal process that occurs after someone passes. Probate involves proving in court that a deceased person’s will is valid and it’s the process of distributing the deceased person’s property. If the deceased had a will, the legal process is usually straight forward with little room for dispute and can be handled by your family attorney.

However, when someone passes and they did not leave a will or trust in place, that’s when things can get complicated and costly, and to be honest, sometimes the probate process can get really ugly. Without a will, the court will appoint an administrator for your estate – this could be anyone – to gather and distribute someone’s assets according to law. Sound simple? Not so much, and here’s why.

It May Seem Unfair

The process of divvying up someone’s assets can be a lengthy and complex process. And ultimately, without a will in place, the end result dictated by law could seem unfair to the deceased’s family. Most people’s assumption on how everything will be divided under the law is usually wrong.

Many of my married clients that have children assume that when they pass, 100% their estate will go to their spouse and when that spouse passes everything will go to their kids. In Georgia, this is incorrect.

In Georgia, the estate is divided evenly between the spouse and the kids (with the spouses the share is no less than 1/3). If your kids are 18 years or older then they get their share outright and not in a trust! Every state has its own criteria of how assets should be distributed if someone passes without a will.

As a result, family members may feel short changed or even worse, they could end up empty handed. This is one of the reasons having a will in place is so important. Wills clearly spell out who should get what, when and how.

It Takes A LONG Time

Further, most probate cases take anywhere from 6 months to a few years. If there are questions or disputes about the estate – it can take even longer. As a result, the family or individuals who stand to inherit the assets will have to wait a long time until the issues are resolved.

This can be a challenge for spouses or loved ones who need that money to pay bills. This could leave them in a financial pinch. With a will, assets – including money in bank accounts – can be distributed relatively quickly.

It Can Be Expensive

Not only is it a lengthy process, but it can be a costly process for those left behind. Though costs will vary from state to state, according to the American Bar Association, probate and administrative fees are estimated to be 6% and 10% of a person’s estate.

That can be a bit of money – and that assessment is made on the gross estate – before any fees are taken out. So the final inheritance will be less than what the deceased had intended. So while we may feel like creating a will is expensive, not having one in place when we pass can be even more costly.

Personal Life Becomes Public Record

And it’s just not the financial cost. There are personal costs too. Without a will in place, the deceased’s assets and their life are reviewed by the courts. As a result, everything becomes a matter of public record. So anyone – yes anyone – including your nosy neighbor, can go to the courthouse and find out what and how much the deceased left behind. This includes any outstanding debts or liens.

During this time, long lost relatives or secret relations may be exposed. This could be embarrassing and devastating for some families. Further, there are investment advisors or real estate investors or other less-than-ethical individuals who will want to “help” the family when in reality they’re just after the deceased’s assets. Having a will or trust in place allows families to keep family matters private and out of unintended “eyes.”

Easier To Put A Plan Into Place Now

Finding the time to put a will or trust into place is often a low priority. However, it should be a top priority as the probate process can be long, cumbersome and expensive. By putting a plan into place today, you’re saving your loved ones a lot of time, expense and heartache.

We’ve helped hundreds of families put into place wills or trusts that best meet their needs and protect their loved ones. It’s a straight-forward questionnaire and we’ll guide you through the entire process. I can be reached at DJ@JeyLaw.com or 678.325.3872.

 

The Easiest New Year’s Resolution You Can Keep: Create A Will

Wills Trusts and Estates New Years ResolutionWith the holidays behind us, many of are making resolutions to eat better, exercise more, get more sleep and try to balance our work and personal lives in the new year.

However, one of the most important resolutions we can make is often left off our list – writing a will. Putting into place a will or estate plan is perhaps one of the easiest and fastest resolutions you can check off your list!

Who Needs A Will?

Everyone. No matter your age, financial situation, marital status or stage in life needs a will, trust, or estate plan. Estate planning will benefit your loved ones by ensuring that your assets are properly distributed the way you want – not the way a court decides.

Why Do You Need A Will?

  • If you have minor children and don’t have a legal plan in place when you place, a court will decide who will care for them.
  • You’ve worked hard for your assets. Think about who you would leave your assets to – family, friends, or charities.
  • A legal plan will save your family from worrying and avoid disputes about your wishes.
  • Without a plan, a court decides who gets what. Your loved ones could be left without what you wanted.

Too many times we’ve seen families dealing with the loss of a loved one also have to face unexpected financial hardship because a plan wasn’t in place. Their loved one’s assets were tied up in the courts. The families had to hire a lawyer to help them navigate the courts and probate process – adding to the financial hardship. All of these situations could have been avoided if a legal place had been put into place.

What’s The Process For Writing For A Will?

When you contact a law firm to help you write a will, an attorney will send you a questionnaire to complete. The list of questions will help you start thinking about how you want to secure your legacy and distribute your assets – whether it’s to family, friends, charities, your place of worship or community – it’s important that your wishes are documented in a legal plan.

The list includes standard questions about your assets (ex. checking and/or savings accounts, property, car, life insurance, etc.) as well your final wishes (Do you want to buried? If so where? Do you want to be cremated? Etc.).

It will also ask questions such as who do you want to execute your will, guardianship for your child/children, and wishes if you were to be come incapacitated. And don’t worry if you’re not quite sure what to include. An estate planning attorney can help guide you and help you think about what will work best for your life.

New Year’s Resolution 

While death isn’t something we like to think about – it’s something that happens to all of us – and one of the best ways we can protect our loved ones is to make a New Year’s resolution to put into place a will or estate plan.

And if you already have a will or estate plan in place, the New Year is always a good time to reflect upon changes in your life and make any necessary changes to your legal plan.

We Can Help

DJ Jeyaram, Esq., is an experienced wills and estate planning attorney who can help you customize a will to best meet your needs and protect your loved ones. Contact DJ at DJ@JeyLaw.com or 678-325-3872.