Don’t Leave You’re Family Wondering – Leave Them With a Will

Don’t Leave You’re Family Wondering – Leave Them With a Will

No one wants to think about their death. You don't want to think about your own and you definitely don't want to think about the death of the people you love. That's why most of people don't make a will, at least in early life.

But like so many things in life, avoiding it because it's unpleasant leads to things being worse when the inevitable finally does happen. Everyone dies, no matter how careful they are in life. It's best to be prepared so that your passing or your partners passing doesn't cause any more pain than it has to.

One way to do that is to make a will. Your will tells your family what to do with your estate, your remains, and your assets after you're gone. It's not as complicated to make as you'd think, especially not with the help of a professional. Below are reasons to call someone about making a will, as soon as possible.

You Get to Decide Who Gets What

This is what most people assume a will does, and they're right. Wills do allow you to divide your assets and any money in your accounts to the people you love. But that's not all it is. If you don't delegate different assets to different family members, they have to go through a very lengthy and legally expensive process called probate.

Probate is so complex that there are entire units in college math courses that teach how to properly divide property. Since you probably aren't an expert in property division math, you'll have to pay someone, like a lawyer, who is.

The probate process can cost upwards of $5,000 for a simple case. That's more than it usually takes to put together your will. Don't push that expense onto your loved ones, it'll create resentment.

And that's only if everyone agrees with the first outcome. Siblings can spend months fighting in court. It's a lot easier to say "that's what grandma wanted" than go through a court battle.

It Makes Dictating Custody Easier

The worst thing imaginable, other than losing a child, is having a parent die when a child is young. The absolute worst would be two parents. In that case, your child is in the custody of whomever you appointed to be godfather or godmother, but does the state know that? You need to write these custody directives into your will. Worst case scenario your children could go into the foster system while the court is sorting custody out.

You can even write if-then, statements into your will. An example is, "If (name of guardian) can't take the child in good faith because of whatever reason, then the second choice for custody goes to (another name)". You never know what's going to pop up in life, so make sure you leave your children and loved ones with options.

It Reduces Estate Taxes

If you have a sizeable estate including your home, your assets, and whatever stock you have, then you have to pay taxes on the total to the federal government. The Federal cutoff is 11.4 million or more is subject to taxes, while there are a dozen or so states that have their own rules. When you create a will and distribute assets, it's like dividing your estate. You pay fewer taxes in the end.

You can Inherit and Disinherit Based on Circumstances

Let's say your daughter is part of a growing group of millennials that don't want children. You're determined she'll change her mind, but unfortunately you may not get to find out. You can make a statement in your will that says something like, "x amount of money is set aside for daughter's child. If she doesn't have a child by the year ___, then the total amount shall be transferred to her name".

This is your money, so you get to create the contingencies. While you have the right to be specific, try not to be petty. You want to go into your afterlife knowing that those you left behind love and respect you.

You Can Make Gifts and Donations

People often leave certain sums or even percentages of their estates to charities or educational institutions. If there's a lot of money, a grant can even be set up with the funds. This way you get to decide who benefits from the money you worked hard for all your life, and help the mission of organizations close to your heart.

You can even leave specific assets to charities, like your home or your car if you think they'd be of use to them. But know that by leaving something to an organization, you're giving them the right to sell the asset if they feel that's more appropriate.

By choosing to make a will, you don't put any added stressors on your family in their state of sadness. The time and money it takes to make a will is worth not having your loved ones suffer any more than they already will from your passing.

Now that you know the reasons to make a will, it's time to get started. All you need to do is contact a family attorney who has experience in end-of-life planning. They'll help you name all of your assets, and walk you through the rest of the planning process. Don't leave your family guessing. Let them mourn in peace by creating a will.

Getting Divorced? A Family Attorney Can Help

Getting Divorced? A Family Attorney Can Help

Do you need a family attorney to complete your divorce? Yes and no. You can choose to go about the divorce on your own. This choice is totally personal. It depends on the duration of marriage, the partner you are dealing with, and reasons for dissolution. In every case, divorce remains a highly emotive issue and there is a likelihood of making wrong decisions out of emotions. You need another person to see things clearly and help you protect your interests even in the middle of the turmoil.

Why is that Some People do not Engage a Family Attorney?

If the marriage had not lasted long, some people opt not to engage a divorce lawyer. Let’s say a year or two. If there was no property acquired together or children whose interests need to be protected, a few people choose to resolve it on their own.

When the other partner is understanding and agrees to end the marriage and settle all interests amicably, you may not feel the need to engage a lawyer. Some people feel that divorce lawyers tend to fan the flames during the process. To avoid aggravating the emotional anguish, you might opt to go through it alone.

However, this is not always the case for everyone. Most divorce processes are ugly and to be safe, it is advisable to look for a family attorney to expedite the process and protect your interests.

Getting divorced? Here are the incidences that require the help of a family attorney

If you Want to be Divorced

If you have made up your mind that you are following through with a divorce, engage a family lawyer. Think about the specific services that you need. It could be drafting an agreement in writing or coming up with a settlement plan. You could also contact a lawyer for representation or full litigation in court. It could also be something as simple as advice.

Decide the approach of the divorce. Is it a normal case, a preventative or a true emergency? Do you want an amicable approach or a hostile one? Know your personality and match it with that of the law firm you want to engage. Each law firm has a different personality and approach, understand what approach works with your case.

If you Have Been Served with Divorce Papers

If you have been served, there might be legal statements that are beyond you. Call a family attorney to help you understand the implications of all the clauses before you append your signature. Let them advise you concerning your rights, obligations and privileges arising from the divorce.

With an attorney, it is possible to pick grey areas in the proceedings. When you consult an experienced attorney, he or she will advise on the best response. You will be able to know whether to end the process immediately or come up with a new agreement and settlement plan.

If your Spouse has Involved a Family Attorney

There is no way you are going to match up against a seasoned divorce lawyer on your own. If your spouse is already talking to a lawyer, get an attorney to represent you as well. There are so many legal issues that you may not be aware of. To protect your interests, and that you will not be at a disadvantage, seek legal, and experienced representation.

Remember lawyers understand the processes, they will see potential problems in your case. They can advise you on how to prepare. They will also advise on how to stop the spouse from taking advantage of some loopholes. You need to be sure of what you are agreeing to. Most importantly, it will help you keep away from dealing with ugly banter between lawyers. It is absolutely draining.

When Dealing with a Violent Partner

Stay away from a violent partner. It is almost impossible to negotiate with a violent person. The idea of a mutual agreement is completely out of question. To avoid any ugly incidences involve a family attorney to represent you during divorce agreements and court rulings.

The court needs to be aware of violence in the relationship because it holds a lot of weight in divorce deliberations. A representation by a lawyer will also keep you safe from physical harm. The lawyer can help make the best decision on custody and visitation while ensuring that you are safe and your rights are respected.

If you Feel your Spouse is Hiding Something

It is possible that your spouse wants a divorce and they may be deliberately hiding or spending marital assets you bought together. When you suspect that this could be happening, reach out to a divorce lawyer as soon as possible.

When one partner is disposing of assets without the knowledge of the other, the case becomes complex. It is also clear that there is malice on the part of the spouse and his or her attorneys. The best course of action is to get the help of a family lawyer to guide a way out.

Children

Divorce is complex and more painful when children are involved. It is important to have their interests upheld even after the parents separate. You need a lawyer to help come up with an agreement on custody, child support, and other issues pertaining to their wellbeing. Some spouses tend to be slippery especially when it comes to responsibility, have a registered agreement, whether it is negotiation or trial, to ensure that everyone plays their part.

Shared Assets and Property

If you and your partner own a lot of assets and property together, it is a complex process deciding on how to go about dividing the property. The contention on how to split the shared assets could lead to a protracted court battle. You could also be pushed out of your ownership in the process. Involve a lawyer at an early stage to advice on a way forward.

Whether you are going to require mediation, a written settlement, or a court hearing, let the lawyer represent you in all the hearings. It will help you catch issues and dangers of being outsmarted. The lawyer will help you protect your ownership and ensure you get what you are not entitled to.

Support

It is complex when there is settlement on alimony or child support. Rarely do most spouses agree to these things before involving a negotiation or court process. Going through a divorce, then having to keep following a spouse for child support keeps opening painful wounds. Make arrangement for support or alimony through a family attorney to avoid the inconveniences.

To reduce the emotional burden that comes with a divorce, it is advisable to find engage an attorney. it is not safe to go through a divorce alone especially when it is complex because of shared property, children, or support. To identify the best attorney in your area, visit us.

adoption attorneys and why you should hire one

Need an Adoption Attorney? Here Are 5 Facts to Consider

More than 135,000 children are adopted by American families every year in the United States. In fact, over 2 million couples are currently waiting to adopt a child of their own. If you’re one of these families, you could speed up the process by hiring an adoption attorney. 

Not sure if that’s the right fit for you?

Keep reading below to learn some of the things you should consider about adoption attorneys.

What Does an Adoption Attorney Do?

In short, an adoption attorney helps you gain legal guardianship of a child that isn’t biologically yours. This can include a number of tasks.

Some of the things you can expect an adoption attorney to take care of includes the following:

  • Find an adoption agency
  • File the necessary legal paperwork
  • Advise you with “home studies” (in-home interviews with a social worker)
  • Represent you at hearings (if necessary)

An adoption attorney understands your legal rights. Because of this, they can help the adoption process go as quickly and smoothly as possible.

Am I Required to Hire an Attorney to Adopt?

You do not have to hire an adoption attorney to adopt a child.

Some types of adoptions are easier than others. For example, if you want a stepparent adoption, the process is pretty straightforward. You may be able to handle the work on your own.

However, it is often a good idea to hire an adoption attorney, even if the adoption seems simple.

It can be difficult to understand all the requirements you have to meet before you can adopt and all the paperwork you have to fill out to complete the adoption. If you try to adopt on your own and make a mistake, you can slow down the entire process.

In some cases, you may even hurt your changes.

Unless you have an extensive understanding of the adoption process, you should hire a lawyer to help you through it.

 

5 Things to Consider Before Hiring an Adoption Attorney 

Whether you’re leaning toward working with an adoption attorney or not, there are a few things you should consider before you hire.

Here’s a quick look at some of the most important factors.

1. Your Understanding of the Adoption Process

As mentioned above, if you don’t have a firm understanding of the adoption process, you should hire an attorney to help you.

Adoptions can become more complicated than they seem at first.

For example, the birth parents might change their mind about the adoption. Or they might try to extort you.

If something unexpected happens, your attorney can represent you in court or guide you through the best course of action.

2. Your Timeframe

Adoptions can take a long time to finalize.

A standard adoption could take as long as five years. Trying to go through the process on your own can take even longer. Any mistakes you make, legal complications that come up, or requirements you don’t meet will just delay the adoption.

If you want to adopt a child as quickly as possible, your best option is to hire an attorney. They will be able to help you file paperwork on time and may even be able to shorten waiting periods.

3. The Type of Adoption 

There are many different types of adoptions, including stepparent adoptions, international adoptions, foster care adoptions, etc. And again, some of these adoptions are easier than others.

If you want to adopt a child from another country, hiring an attorney is in your best interest. The same is true for children in the foster care system.

Even stepparents can benefit from working with attorneys. They’ll be able to help you understand and meet requirements specific to the type of adoption you’re interested in.

4. Your Budget 

Even though hiring an attorney is the best choice for most adoptions, you also have to consider your budget. Attorney’s cost money and you may not want to wait to adopt until you can hire one.

If you don’t have a lot of money, you can attempt to adopt a child on your own.

Depending on the type of adoption you’re interested in, you may want to wait to adopt until you have the money to hire legal help. You can also start the process on your own and hire an attorney when you find out you need help.

Either way, you should always do your best to hire an attorney for your adoption.

5. You Made a Mistake 

If you’ve already started the adoption process but made a mistake along the way, it’s not too late to hire an attorney. They can help figure out what you did wrong and show you how to correct the problem.

Some adoptions can have long wait periods.

Being stuck in the middle of one of these periods can make it feel like your adoption is at a standstill. This is also a good time to hire an attorney. They might be able to speed up the process and get the ball moving again.

Should You Hire an Adoption Attorney?

Adoption attorneys can bring the child you’ve been waiting for into your life as quickly and stress-free as possible. They’ll also be on your side if something goes wrong and you end up in court.

No matter what type of adoption you want, you should always hire an adoption attorney to guide you through the process.

Are you looking for an adoption attorney that can help you?

Make sure you click here to get in touch with us today!

 

Sources

[1] POV. (2010, January 17). Fact Sheet | Off and Running | PBS. Retrieved from http://archive.pov.org/offandrunning/fact-sheet/

[2] How to Get Your House Ready for an Adoption Home Study. (2019, March 20). Retrieved from https://www.familyhandyman.com/smart-homeowner/how-to-get-your-house-ready-for-an-adoption-home-study/