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April 20, 2009
February 28, 2008
Do you need a Will?
Intestacy - passing away without having executed your own Last Will & Testament - can create many problems for your surviving spouse and children. The larger the family, the more difficult the situation could be. However, even in a relatively straight-forward scenario, having a Will allows you to provide some guidance to your loved ones during that difficult time.
The truth is, estate planning involves much more than just a Will. When you sit down with a qualified estate planning attorney, you will learn about the legal procedures and requirements that have to be followed upon any person's death or extended illness, and you will be able to plan accordingly.
If you have minor children, it is absolutely critical that you have a Will naming guardians for them in the event of your demise and the simultaneous demise of your spouse. If you have any assets in your own name, you should have a Power of Attorney so that they can be used for your benefit should you become incapacitated. And I cannot think of anybody who is exempt from the need for a Living Will or other Health Care Directive and a Designation of Health Care Proxy naming the person who will make medical decisions on their behalf should they be unable to do so.
Estate Planning is vitally important for all individuals. The greater your wealth certainly, the greater your need. But do not be fooled into thinking that Estate Planning is only for the very wealthy. With the recently inflated property values, many persons may not even be aware that they have a taxable estate and are in need of more complex planning.
Protect yourself and you family today by calling a qualified Estate Planning attorney in your area for a consultation.
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February 27, 2008
Self-Help Divorce
Many clients call after they have already tried to Divorce on their own by either downloading the self-help family law forms or visiting one of Florida's Self-Help Centers and purchasing a package of forms there. Some clients call, confused or overwhelmed, after simply reviewing the forms. Others call complaining about how they were treated at the courthouse. Worst yet, I have received calls from people who did a "self-help" divorce years earlier and are still having problems with their ex-spouse because the separation agreement did not provide adequate protection.
Don't get me wrong ... I understand the desire to avoid unnecessary costs. As an attorney and counselor, one of my goals is to help my clients do just that. However, even in an uncontested divorce in which the parties have agreed on all their issues, if either will have continuing rights or responsibilities which affect the other, having an air-tight written agreement is essential.
Court personnel are overwhelmed with inquiries from lawyers and non-lawyers alike. While they are striving to assist those persons who are unrepresented, it is often a very challenging task. It will only become more difficult if the currently proposed tax cuts are passed.
Divorcing couples who are prepared to enter into an agreement and have ironed out the terms themselves should attempt to complete the self-help package. Nevertheless, if there are ongoing obligations, hiring an attorney or a mediator to prepare the final agreement is very advisable. It is even more so if the parties are not in agreement and will have to argue their views in court.
Many people are unaware that the court will award attorneys fees based upon need and ability to pay. So, if your spouse can afford an attorney, but you cannot, you spouse may be ordered to pay part or all of your attorney's fees. The position you do not ever want to be in is being unrepresented when your ex-spouse does have legal counsel.
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