Frequently Asked Questions (FAQs)
Estate Planning; Wills & Trusts
Pre-Nuptial Agreements, Divorce, Child Custody and Support, and Alimony
Estate Planning; Wills & Trusts
- What is estate planning?
- Why do I need a will?
- What if I die without a will?
- What is a trust?
- What is power of attorney?
- What is a living will?
Pre-Nuptial Agreements, Divorce, Child Custody and Support, and Alimony
- What's involved in getting a divorce?
- What is the difference between a divorce and an annulment?
- Why do I need a lawyer for a divorce?
- Are there alternatives to litigation for a divorce?
- What about children in a divorce?
- How is child support determined?
- How long does child support continue?
- What is alimony?
- What are the tax implications of alimony?
- How does a lawyer help me in the divorce process?
- What is a pre-nuptial agreement?
Estate Planning; Wills & Trusts
Many Americans are intimidated and overwhelmed when they think about estate planning, but it does not have to be so. Estate planning is the process of passing on your wealth and wishes to your heirs.
Almost half of those who die this year will die without having established a will or other means of passing on their estate. When someone dies without a will it is called being "intestate". This means that the government decides who gets what according to the individual laws of the state in which the decedent resides. Wills are not only for passing on money and wealth, but also for passing on your wishes as to who will be the guardian of your children, who will inherit your personal property, how you want your funeral arrangements to be handled, and many other details best not left to guessing. Estate planning also allows you to take the burden off of grieving family and friends by not putting them in the position to have to guess what you would have wanted and then agonize over whether they made the correct decision.
Another option is to establish a trust. A trust is a way of managing personal property (such as money and belongings) and real estate without going into probate court, which can be a long and contentious (not to mention public) process. A trust also allows for conditions and special circumstances to be taken into account such as a special needs child, a spend thrift, or other situation that may require additional supervision or assistance from the trustee.
Additional to wills and trusts are powers of attorney, and living wills that designate your medical wishes should you not be in a position to express them yourself. In some circumstances when a person dies intestate without heirs the entire estate can become the property of the state.
Divorce, Annulment, Child Custody and Support, and Alimony
Unfortunately almost fifty percent of today's marriages end in divorce. A divorce is the legal end of a marriage based either on an alleged fault ground or on a no fault theory. Different states have different rules and guidelines as to what must be alleged in a divorce.
Each divorce is unique and requires an attorney who will consider not only the technical aspect of the ending the marriage, but also the emotional wreckage that can be left behind with the client if the case is not handled properly. It is very important when selecting a lawyer to handle your divorce that you find someone who will respect your goals and desires in how you want your marriage to end.
While traditional litigation in court is still the most common method of ending a marriage there are other options such as, mediation, and collaborative law. The goal of any good divorce attorney should be to accomplish the divorce while doing everything in their power to minimize both the personal and financial pain for their client that is typically associated with the process.
Unlike divorce, annulment is the courts declaring a marriage as having been void. Once an annulment is granted, legally it is as if the marriage never occurred. There are different rules and requirements by state as to what must be proven in order to obtain an annulment.
A divorce where children are involved adds many additional factors to be considered. From the most basic issues such as custody, financial support, and visitation, to more obscure issues such as future schooling, vacations, religious upbringing, college, etc. Child support is determined from a set of published state guidelines relative to a parent's income level. Child support ends when a child is emancipated. For some states emancipation comes at the age of 18, for others it can come much later. In Massachusetts for example it can come as late as 23 years of age.
Alimony is an amount of money paid by one spouse to the other for their support. The amount varies greatly and depends a lot on the lifestyle the couple was used to. Alimony, unlike child support is not based on published guidelines. Judges have great latitude in determining the amount of alimony to be awarded.
There are also major financial implications based on the taxing of the money paid. Alimony is taxable to the receiving spouse, and tax deductible by the paying spouse under the rules of the Internal Revenue Service.
Occasionally there is a feeling by a spouse to just pay what is asked and to give away more of their rights then necessary. This can come from feelings of guilt or a desire to have the matter over and done with. However often this can be the source of much regret later in life when the financial burdens become overwhelming, or certain rights once enjoyed are now permanently lost.
My goal is to represent my client zealously to the full limits of the law to make this emotionally difficult situation and process as smooth as possible, and to minimize the financial and personal toll.
Pre-Nuptial Agreements
Due to the complex nature of divorce law, as well as the reality of the rate of today's divorces, many couples are deciding to protect their interests and avert possible later disputes by agreeing on the disposition of wealth prior to the actual marriage beginning. While this process may sound anything but romantic, it is best to remember that all marriages are started with the best of intentions. A lot of frustration and turmoil may be avoided if the couple decides before there is a problem how to handle it should one arise. There are many requirements such as full financial disclosure that must take place in order for a court to hold an agreement as being valid and enforceable. My goal is to help couples reach a full and fair agreement that comports to all the laws requirements.
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