Estate Planning Is for Everyone

If you own a piece of property or possess a few assets, you need an estate plan. Estate planning is much more than just knowing whether you need to pay estate tax or not. The decision about your health, what is to be done with your assets when you are gone , and the distribution of personal property are all part of estate planning.

You are Not too Young for Estate Planning

Start estate planning as soon as possible because there is no perfect age to start planning. There have been instances where young people pass away without a will, leaving behind the grieving family to administer an estate without knowing the wishes of their loved one.

Inheritance Tax is Real

Different states have different estate laws and Federal exemptions on inheritance taxes. After 2025, properties over $5 million will be subjected to 40% tax. So, once you add your life insurance, your house, your retirement accounts, $5 million might not seem too much suddenly.

We Want to Help You!

You might have your employer guide you through the employee benefit plan or use an online platform that can help you with your will at a low cost.

Discuss Your Estate Plan With Your Family

Communication is key. Discuss your plans with your family and loved ones. Discussion ensures that every person you care for is well aware of what you have decided and how you plan on dividing your assets.

Intestacy Will Decide if You Don’t

The state’s intestacy code will decide how your assets will be divided. If your children are minors, determination of a guardian for them is an important decision you will make in your will.

Probate is Not Bad

Probate allows the wishes in your will to get verified according to the law of your state. If you have ownership over property in two or more states, then your assets will go through probate in their respective state courts before the property can be transferred to the heir. Having a will quickens the process of probate. Some states let you avoid probate for small estates and even speed up the process. However, others do not. Find out what your state’s law says.

Give Now

If estate tax is concerning you, you can gift a portion of your estate assets to your loved ones before you pass away to avoid tax on it. The federal gift tax exclusion (2021) allows you to give $15,000 to as many people as you wish in a single year.

State laws are constantly changing, and your estate plan could require updating – especially if you have experienced events like marriage, divorce, adoption or birth of a child. Our team in Omaha can help you prepare the estate plan you need. Contact us at (402) 341-1200 or write to us for a free consultation.

No matter how scary the idea of a future where you aren’t around might be, there is probably no adult who hasn’t thought about their own death. Considering that it is an approaching reality for us all, it often crosses people’s minds. If not the finality of life, then the possibility of experiencing a situation where you aren’t able to practice your rights as a decision-maker for yourself can be equally alarming.

The thought is even scarier when you’ve managed to push through hard work and build a sizeable estate and/ or have loved ones who are dependent on you. Questions about their financial security, the responsibility of making decisions in their place, and their survival in this world become present concerns.

The amount of wealth someone has managed to accumulate doesn’t matter. Whether someone has an estate worth millions or they have a family home, cars or some land, preparing for death or a situation where you’re unable to make financial decisions affects all.

If you have found some semblance of relatability in this dialogue, then it may be time to hire an estate planning lawyer and get your affairs in order.

Case against DIY estate planning

Before we move ahead and get into the nitty-gritty of why it’s necessary, it’s important to know that there is a strong case against DIY-ing your estate plan. Whether you’re looking to set up a living trust or draft a last will and testament document, nothing can replace the expertise an estate planning lawyer offers.

Using cookie-cutter forms and looking for advice on unreliable forums is not enough to ensure that your last will and testament will stand strong in court. Probate is already a long, arduous process that a poorly drafted will makes even more complicated.

Furthermore, you can easily get confused with the legal jargon that comes with estate planning. Documents and forms might have terms and phrases with ambiguous meanings that change depending on your circumstances.

Additional problems with state and federal tax laws, deficiencies, and biases can also become a bump in the road of developing a fortified estate plan.

To prove our point further, let’s delve a little deeper into the reasons you need to hire an estate planning lawyer to draft up your will or set up a trust.

It’s simply not easy – Irreplaceable expertise and experience

The irony of this statement is not lost on those who are aware of the nuances of estate planning. Drafting a will by scribbling on a random piece of paper and signing it seems like all there is to it, but this is far from true.

Estate planning in Nebraska, much like the remaining 49 states, is governed by the state. Laws and agencies defining them vary between states with each laying down very specific legal requirements.

From choosing a financial power of attorney, healthcare proxy, executors or trustee to formalities governing witnesses during the signing of the will or trust document, there are many laws with which to comply.

Properly stated dispositions are another reason why it’s important to have an estate planning lawyer draft your will. Testamentary intent that clearly indicates how you want to dispose of the assets after your death is critical as it can impact the validity of your will.

In addition, the laws and rules regulating estate planning are changing constantly.

It’s an estate planning lawyer’s job to not just be aware of estate planning laws, but also keep up with any changes or amendments the state makes to them. From the basics of setting up a trust to integrating instructions regarding your end-of-life decisions, they’ll ensure compliance.

They can resolve complicated situations

Complications in family or financial situations are not uncommon. Estate planning lawyers are trained to find solutions for these instances.

One of the most common issues in estate planning is the primary’s marital status. Divorce, the death of a partner, an ex-spouse getting remarried, or getting married yourself all change how you need to approach your estate plan. An estate planning attorney will figure out what you need to adjust your estate plan accordingly.

Other family situations that require the expertise of an estate planning lawyer includes the primary having:

• Minor children;
• No children;
• Children but they are estranged or they want to cut them out;
• Beneficiaries with disability or they specifically want to set up a special needs trust;
• No beneficiaries and wanting to leave some or the entirety of their estate to charity;
• Lost a beneficiary other than their spouse.

Similarly, financial situations such as having sizeable assets in the form of an IRA or 401(k), owning taxable estate, or owning property in other states or countries require special considerations in your estate plan.

More than legal aid

Estate planning lawyers hold a depth of expertise that goes beyond simply creating and filing your documents. From correct use of precatory jargon to providing unbiased counsel on important subjects like choosing a guardian for minor children, they make a difficult process easier to execute.

Secondly, having a lawyer take care of legalities throughout the estate planning process saves you time and energy. Instead of dedicating your time to conduct never-ending research and making sense of laws, you can focus on defining the intent of your estate plan.

Your estate plan, whether it’s a rather simple will or multiple trusts, holds a lot of value. It determines you and your family’s financial stability in a situation where you’re incapacitated or pass on.

At Welch Law Firm, you have access to Omaha estate planning lawyers who specialize in creating effective plans that avoid unnecessary complications at the time of execution.

Call us today to discuss your estate planning needs and secure your family’s future.

Lawsuits in the business world are not an uncommon occurrence. Whether the source of the claim is someone within the organization or someone from the outside such as a vendor, an upset client or a third-party company, thousands of cases of varying kinds and types have been filed, fought, won and lost.

No matter how small the matter, workplace lawsuits, especially in the day and age of social media and fast content sharing, can blow out of proportion. Even in cases where the organization won or settled, a public lawsuit can damage the company’s reputation quite severely. In fact, lawsuits have the potential to put a lock on businesses that were otherwise successful.

Fighting lawsuits also take up a lot of time and can result in a significant financial loss for the company. Things can get even more complicated for small businesses or companies facing other legal or operational problems.

Companies with sound legal compliance and strong organizational policies often consider themselves completely safeguarded against workplace lawsuits. They assume that since they are good and just to their employees, they don’t run the risk of breaking a law.

In some cases, this is the case. A disgruntled employee might file a wrongful claim to get back at the company for an unrelated personal matter. However, there are instances where the lack of legal acumen may surprise the employer with valid reasons for the case.

While susceptibility to a potential workplace lawsuit is never completely avoided, employers can reduce it by keeping up with state and federal employment and workplace laws. This is much easier said on paper than actionably done.

Attorneys who specialize in employment law, whether you hire one or establish an entire legal team, are imperative. Not only will they keep up to date with changes in the law, but they will also be mindful of how those laws apply to your organization specifically.

They will also make you aware of your legal rights and obligations, further reducing the chances of you facing the ramifications of a failed lawsuit.

While you look for the right attorney, here are some common workplace lawsuits of which you should be aware:

Discrimination

Unfortunately, discrimination is still a present factor in many organizations. It is one of the most common types of workplace lawsuits employees file against an employer who they think treated them unfairly.

There are certain classes that protect most employees from discrimination. These classes include age, race, gender identity, skin color, national origin, religion, ethnicity, familial status, disability, citizenship, and veteran status.

In addition to these, there are certain classes protected by state law, which include marital status and sexual orientation. This means that rules on these classes vary from one state to another.

There are several acts in federal anti-discrimination laws that are enforced for this very reason. For example, Title 1 of the Americans with Disabilities Act or the ADA protects employees against discrimination on the basis of disability, whereas the Pregnancy Discrimination Act prohibits employers from discriminating against a woman on the basis of pregnancy, childbirth, or related conditions.

An employee under the impression of being discriminated against may file a lawsuit against the employer. If they lack evidence such as a written statement by the employer, the employee must present evidence of belonging to a protected class, being qualified and records of satisfactory performance to prove they were discriminated against.

In order to prevent facing a discrimination lawsuit, being aware of the law is the first step. Employers also need to enforce and record that all necessary business policies and protocols against discrimination in the workplace are practiced and are available to all employees. 

Accurate documentation of employee performance will also be pivotal in your defense. If you have a record of the plaintiff’s declining performance, tardiness, and poor reviews, you can justify your decision to terminate them.

Wrongful termination

Wrongful termination covers all claims where the plaintiff believes they were fired in violation of the law. Discrimination is often the reason for many employees who file wrongful termination lawsuits. However, there are other direct and indirect causes of actions that may result in wrongful termination.

For instance, an employee might file a claim against an employee who fired them because they broke a contract. If there was a written agreement that guaranteed employment for a certain period of time, firing the employee will be in its violation and cause a lawsuit.

Again, accurate records of employee contracts and performance along with communication paper trails can help employers defend their decision.

Harassment

Harassment in workplace lawsuits often comes up in the context of federally protected classes being subjected to bullying and discrimination. However, harassment cases don’t necessitate the plaintiff to be a member of those classes.

From sexual harassment and assault to hostile statements during arguments can result in a lawsuit. Avoiding such lawsuits includes creating and enforcing strict anti-harassment policies and communicating those policies and the repercussions of violation across the organization.

Retaliation

Retaliation refers to the employer’s actions against an employee who filed a workplace lawsuit against their employer. Firing, demoting, or harassing the plaintiff to punish them for practicing their legal right is not allowed.

In situations where you might be the employer facing a potential claim, it’s best to follow legal procedure and prevent confrontation with the plaintiff.

Personal Injury

Exposure to hazardous working conditions and an unsafe work environment can lead to a workplace lawsuit if an employee(s) suffers an injury. If the employer is found to violate OSHA guidelines or other workplace safety laws, a lawsuit can become a living nightmare for the organization. The employer is held liable for the injury, often spending millions in settlements. 

While worker’s compensation insurance programs provide coverage against many claims, there might be instances where the case becomes complicated.

Oftentimes, workplace lawsuits for personal injury are preventable. Carrying insurance, monitoring safety hazards, conducting frequent safety checks, and training employees on safety are necessary.

At Welch Law Firm, organizations find decades of experience and expertise in employment law that enables organizations to be proactive about protecting themselves against workplace lawsuits.

Whether you’re currently facing a claim or want legal support for other employment matters, contact us today.

In 2018, over 751,000 people filed for bankruptcy in the US. While the thought of filing for bankruptcy can be scary and overwhelming, know that you are not alone. There are a lot of misconceptions surrounding bankruptcy, how it impacts you, and whether it's right for you.

If you are considering bankruptcy, it's important to fully understand the consequences and how it works. This article is here to help you understand some key bankruptcy facts and myths to help you make an informed decision. Read on to learn more.

Myth 1: You'll Never Get Credit Again

This is far from the truth. While bankruptcy does stay on your credit report for 7-10 years, it doesn't automatically disqualify you from receiving any sort of credit or loans again. You might not get the best interest rates out there, but you can start rebuilding your credit as soon as your bankruptcy closes and your debts are discharged.

It's important to avoid getting yourself deep into debt again, so it might be wise to meet with a financial planner or credit counselor to have them guide you on your purchases, the use of credit, and responsible spending.

Myth 2: Bankruptcy Will Tank Your Credit Score

Quite the opposite, actually. Because your debts are discharged and the negative consequences of not paying your debts are removed from your credit report when you file for bankruptcy, your credit score actually might increase after you file. You'll no longer accrue interest on your debts, late fees won't be added, and collection fees go away.

Although the bankruptcy is going to remain on your credit report for a number of years, your credit score will not necessarily be negatively impacted. Eventually, the bankruptcy will get removed and you can start over with a clean slate on your credit report.

Myth 3: I Have To Give up All of My Property

Most people think they will lose all of their possessions when they file bankruptcy, but this is not accurate. You're actually likely to keep the majority of your possessions.

The two most common types of bankruptcy, Chapter 7 and Chapter 13, vary in how they consider your assets.

Chapter 7 bankruptcies that are no-asset cases means that you don't give up any of your personal possessions. You won't have to give up your clothes, personal items, and other things necessary for day-to-day life. Even if you own things that are not exempt, it's likely your creditors don't want them.

Anything that is leased, rented, or heavily leveraged cannot be taken by creditors. If you have luxury items that are paid off, however, you might have to give these up.

If you file for Chapter 13, you keep your assets but they are valued and that value is figured into your repayment plan.

Myth 4: Married Couples Both Have to File

Both spouses do not have to file for bankruptcy. If the majority of the debt is in one spouse's name only, likely if one person entered the marriage with a large amount of debt, that person can file for bankruptcy individually. This is a smart move if the other person in the marriage has a good credit history and a high credit score.

If the debt is shared, though, you should both file for bankruptcy. If the debt is in both names but only one of you files, creditors could come after the other spouse for repayment.

Myth 5: Bankruptcy Discharges All Debt

Filing for bankruptcy will not get rid of all of your debts. Things like taxes, child support, alimony, and debt as a result of fraud that you committed are typically unlikely to be forgiven.

Student loans are generally not forgiven as well. A bankruptcy lawyer will be able to explain which of your debts are likely to be forgiven and which you will still have to repay. In most cases, you can discharge credit card debt, personal loans, and medical bills.

Myth 6: You Can Only File for Bankruptcy Once

Unfortunately, there is always a chance that you find yourself in financial hardship more than once in your life. You can file for bankruptcy multiple times, if necessary. You can file for Chapter 7 once every eight years and Chapter 13 once every two years.

Just because you can file bankruptcy more than once doesn't always mean that you should, though. While you can often recover from one bankruptcy with a bit of time, it's doubly hard to recover from multiple bankruptcies and can drastically lower your credit rating.

Myth 7: It's Hard to File for Bankruptcy

While thinking about filing for bankruptcy might overwhelm you, the process is actually simple if you work with an experienced bankruptcy attorney. Here at Welch Law Firm, P.C., our experienced attorneys will help you decide which type of bankruptcy is best for you, will complete the paperwork to file, and will also walk you through everything you need to know about how the process works.

Myth 8: Everyone Will Know

While bankruptcies are a matter of public record since they are court filings, it's not like they are published widely and your name is blasted all over social media. Chances are, no one other than your attorney, creditors, and anyone you tell will know that you filed for bankruptcy unless they are actively looking for information about your financial status.

Myth 9: Filing for Bankruptcy Is Dishonest

There is a stigma surrounding bankruptcy that is undeserved. People who file for bankruptcy aren't doing it to shirk their debts. They are hardworking people who struggle to pay their bills and simply can't do it anymore.

Calm Your Mind With These Bankruptcy Facts

Hopefully learning these bankruptcy facts has given you some peace about filing for bankruptcy. While you will spend some time rebuilding your credit, accepting that you can't pay your bills and doing something about it can reduce a great deal of stress in your life. The best course of action is to find a reputable bankruptcy attorney to handle the filing for you.

If you would like to speak to one of our attorneys for a free consultation, get in touch with us today.

We spend more time at work than we do at home, and our families depend on our income. So what do we do when our workplace becomes uncomfortable or unsafe?

The Equal Employment Opportunity Commission was created in 1965 as a result of civil rights legislation. It was intended to level the playing field for minorities in the workplace. But unfortunately, many employees still face discriminatory work environments today.

If you feel like your employer is discriminating against you because of your race, color, religion, sex or disability, you may have grounds for a workplace discrimination lawsuit.

Here are seven clues which may indicate illegal discrimination in your workplace.

1. Racial Slurs or Jokes

Unfortunately, racial discrimination still happens, even fifty years after the passage of laws intended to stop it.

Each year, the federal EEOC and its state counterparts hear more than 100,000 cases.

Have you heard a supervisor repeatedly using the "n" word? Has anyone stopped her?

Using certain offensive language, even in the context of a joke, can indicate discriminatory practices, especially if management does not take measures to prevent this behavior.

You may also notice that the only people getting promoted are white. This might be another clue that the company is basing hiring decisions on discriminatory policies.

2. You Make Less Than Other Employees Doing Your Same Job

You have the right to earn the same amount as workers who share your credentials, experience, and capabilities.

The Equal Pay Act of 1963 determined that pay scales for identical work must be the same for males and females. If a woman works the same amount of time, doing the same thing and in order to meet the same goals as a man, she is entitled to equal pay.

Still, on average a woman earns 80.5 cents for every dollar a man earns.

If you think you are earning less because of your gender, sexuality, race or other protected status, you should talk to an employment lawyer. You may have grounds for a lawsuit.

3. Sexually Inappropriate Remarks or Behavior

Times have changed. The era of hanging suggestive calendars in the break room and talking about women's bodies are over....we hope.

Most workplace policies prohibit talking about sex, displaying sexually explicit materials, or inappropriate touching or overtures towards other employees.

As we have seen in the era of #MeToo, it is illegal to make someone's promotion or job dependent on sexual favors.

You have the right to feel safe in your workplace. You have the right to be free from unwanted sexual attention.

Even dirty jokes can make some employees uncomfortable and give rise to a job discrimination suit if they are pervasive and management does nothing to stop them.

Treating people differently because of their sexual orientation is also not allowed in most states.

4. Pregnant Employees Treated Differently

Say you let your boss know that you are pregnant and you start to get less appealing tasks or you are placed on less lucrative accounts. You may be the subject of discrimination.

Pregnancy is a condition only experienced by women so being treated differently due to pregnancy amounts to gender-based discrimination. In the old days, women were routinely fired for being pregnant- if they were hired at all.

Often a pregnant employee is allowed certain privileges, such as being given time off for prenatal appointments. If you are expecting a baby, you may also ask for special accommodations. For example, you can ask to be exempt from heavy lifting during your pregnancy.

Employers must make reasonable accommodations.

If you suspect you are being treated differently due to your pregnancy, you may need an employment lawyer.

5. You Get Demoted or Passed Over After You Complain

What if you complain to HR that your boss is acting inappropriately and the following week you are moved to an inconvenient and unappealing office? What if you tell your supervisor that your colleagues are making racial jokes, and you start getting left off of preferred projects and refused overtime assignments?

You may be experiencing retaliation.

Retaliation occurs when employers treat employees or job applicants less favorably for reporting discrimination.

Workers are protected from termination for filing an EEOC claim. Even if you do not ultimately win the EEOC claim, you cannot be penalized for filing it.

6. Job Descriptions Include Age Range

Some employers discriminate against people they haven't even hired yet. This occurs most often in job postings.

If a job posting asks for applicants under age thirty, they are discriminating against older people.

More subtle language about qualifications can also be seen as discriminatory. For example, men once successfully sued an airline for its height requirement for attendants. The airline accepted applications only from people under 5'9". This, of course, ruled out most men.

Gender-based qualifications are harder to prove than age and other categories. For example, Hooters has fended off various suits for gender-based discrimination because it argues that its brand or experience depends on Hooters "girls" as servers.

7.  Lack of Accessibility

Large companies have an obligation to consider disabled employees and to make reasonable accommodations for them. If your company has more than 15 employees, it should be handicapped accessible. It must also interview qualified candidates for jobs despite any disabilities.

Often employers and employees disagree on what constitutes reasonable accommodation.

Your boss is not required to undertake accommodations which might impose an undue hardship like excessive cost. He also does not have to provide the exact accommodation requested. For example, you might want an elevator installed,  but your employer may instead allow you to work from home.

Workplace Discrimination Lawsuit: How Do I Do It?

If you think you are the victim of illegal discrimination at work, you may file a claim yourself with the EEOC.

If you want experienced legal guidance on the matter, you may wish to speak to an attorney who has worked with the EEOC previously. He or she may also be able to help you if you wish to proceed with a workplace discrimination lawsuit. You may be eligible to receive compensation for any damage done to your career and reputation by this discrimination.

For more information on the latest developments in employment law, check out our blog.