Estate Planning: Here is How to Get Started!

It is easy to put off estate planning for another day (or month or year). Perhaps you aren’t sure how to get started. The following are five simple steps that will move you in the right direction.

1.    Create a deadline. Everyone responds more quickly when there is a deadline. Set a deadline for when you will have your estate planning in place. Choose a date not too far out, but also allow for time to gather the information you will need to create a will, confer with your attorney, and have the plan completed. Three months from now would be reasonable.

2.    Collect financial information. This is a task that begs for a spreadsheet. List all your assets and investments, showing their current market values, debts against them, and net values. Show how they are titled (you alone, jointly with your spouse?). Start a physical file where you place deeds and current statements, so you can show them to your attorney.

Here’s a checklist of what to include:

•    Your home

•    Any other real estate

•    Autos, boat, other titled property

•    Bank accounts

•    Retirement savings 

•    Business and partnership interests

•    Life insurance policies and annuities

•    Items of special value

•    Other debts (credit cards, personal loans, unsecured lines of credit)

3.    Who will inherit from you? Decide who will be your heirs – and this often is not as simple as you might think. Yes, there is your spouse and your children. What about siblings, a life partner to whom you aren’t married, stepchildren, nieces and nephews, grandchildren, special friends, a pet? Then there are institutions (schools, churches) and charitable organizations. Create this master list, and gather the information your executor will need, such as full legal names, dates of birth, current addresses, how they are related to you. Then decide how much they will inherit, and how it will be distributed. For instance, you may not want a young person to receive a large lump sum, but installment payments over time. If you have minor children, you may need to create a child’s trust in your will. These are matters to discuss with your estate planning attorney.

4.    Your executor. Choosing an executor deserves some thought, according to lawyers that handle wills.  Let’s say you decide to appoint your eldest child – but your children have a history of disagreeing with one another. This will only add fuel to the fire. Sometimes it’s best to choose someone outside of the family, such as a professional (lawyer, accountant). The executor should be someone you trust, whose judgment you respect, and who will carry out your wishes.

5.    Select your attorney. Estate planning is too important to “go it alone.” It’s best to find an estate attorney who will counsel you through a number of additional issues, such as a health care directive (also called a living will). Your attorney will also make sure documents are drafted properly according to your state laws. He or she will also make sure language is structured in a way that makes your wishes clear to your executor and heirs.

Don’t hesitate to contact an experienced estate planning attorney at Perna & Abracht, LLC, who will ensure that you start and complete the estate planning process with ease.

This blog was originally posted on https://www.pa4law.com/estate-planning-here-is-how-to-get-started/

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Considering a Will? 5 Things You Should Know

If you don’t have a will, you are not alone. It is estimated that one-half to two-thirds of U.S. adults don’t have a will. Yet in this case, it is not good to be in the majority. A will is an important legal document that every adult can and should put in place. Fortunately, for an estate planning attorney, it is a straightforward process to create a will.

1.    Not just for the wealthy. A will is not just for wealthy people with complex personal and business holdings. Even if you are a person of average means, you have personal property and assets (money, real estate, etc.). A will determines what happens to those after you die. Ask yourself the following:

Does it matter to you who receives your property after you die?

Does it matter to you who receives your money after you die?

Does it matter to you who will take care of your children if you die before the children become adults?

Nearly everyone will answer “yes” to one or more of these questions. A will is a legal directive that resolves these concerns. Another benefit is that in your will, you name an executor. This is an individual who will ensure that your wishes are carried out as you have directed. 

2.    If you won’t, a court will. What happens if you die without a will? A court will make decisions regarding your property and money. There is a process called probate, which is lengthy and likely stressful for your loved ones, according to top probate lawyers. A will is the best way to protect your loved ones from these problems, especially if you die unexpectedly in an accident or sudden illness.

3.    How to get started. The first two steps are to designate a guardian of your minor children and appoint an executor of your will. Next, for anyone you intend to mention in your will, gather basic information such as names, addresses, and birth dates.

Your executor will need information about your debts and assets. Gather records of mortgages, loans (auto, school, business) and credit card accounts. Your executor also needs details about real estate, bank accounts, investments, retirement accounts, and insurance policies and annuities.

4.    Why you need a lawyer. It’s possible to go online and create your own will, but there is a simple question to ask yourself: “How do I know it is done right, for the state I live in?” Truthfully, you can’t know this unless you are a lawyer yourself. This is an important legal document that must stand on its own as your wishes after you are gone. It may name beneficiaries that are not immediate heirs, such as stepchildren, godchildren, friends, and charities. An experienced attorney will make sure you address all the issues that may concern your loved ones, and ensure this important document is properly drafted so all questions are answered. Hiring an experienced attorney to ensure your wishes are fulfilled after you are gone is both a wise and sound investment.

5.    A living document. One thing is for certain, that is your life will change. Over time it is advisable to review your will with your attorney and make sure it reflects your wishes at the present time. Be sure to inform your executor where your will is kept so he or she can locate it, register it at the appropriate time, and execute it.

Wondering whether you need a Will? Now is the time to schedule a consultation with attorneys who specialize in wills. Your loved ones will thank you for it.

This blog was originally posted on https://www.pa4law.com/considering-a-will-5-things-you-should-know/

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Joint Custody Agreement: How to Make it Work for You and Your Child

The facts are clear regarding child custody arrangements: children benefit from substantial and frequent contact with both parents. For this reason, the courts favor joint custody arrangements as long as there aren’t any factors that present a threat of harm to the child (such as substance abuse, child abuse or domestic violence).

To be clear, joint custody refers to both parents sharing the physical care of the child. Each parent will have his or her own household, and the child will travel from one household to the other in a schedule the parents have agreed upon.

Good child custody lawyers point out that the phrase “agreed upon,” is important to keep in mind when living with joint custody. You may not enjoy the interaction with your ex, and you may not be entirely happy with every detail of the agreement, but it is very important to abide by the agreement. A parent who habitually ignores the terms of the agreement is putting himself or herself at risk for a modification to the agreement that curtails or even removes joint custody.

What makes joint custody work? This is generally when both parents:

•    Agree it is in the best interest of the child;

•    Cooperate with each other and can make decisions together;

•    Live fairly near one another to minimize travel time and effort for the whole family;

•    Want to be involved in the day-to-day lives of the child.

Often, the most difficult step is coming up with a schedule that works for both parents. Depending on your work schedules, and your child’s school and activities schedule, you might consider custody schedules such alternating weeks, two weeks each, or every weekend (child lives with one parent during the week and the other parent on weekends). Older children may be included in the decision about what works best for them.

There are more complex shared schedules which may be easier to accomplish with young children and are found to be more psychologically beneficial for them:

2-2-3 is when the child lives with one parent for two days, the other parent for two days, and then alternates a 3-day weekend.

2-2-5-5 is when the child lives with one parent for two days, the other parent for two days, then five days with each parent.

3-4-4-3 is when the child lives with one parent for three days, the other parent for four days, and then spends four days with one parent and three days with the other.

Whatever schedule is agreed upon, your family custody attorney and other experts say the following tips will make it work better for your child.

1.    Do not criticize or belittle the other parent in front of the child.

2.    Remember that the child loves both of you as parents and needs the involvement of both parents.

3.    Any inconveniences that you may experience should not be blamed on the ex or on the child.

4.    Keep the custody arrangement separate from child support issues, good child support lawyers say.

5.    Cherish the time you spend with the child rather than regard it as something you have “won” in a fight with your ex.

6.    If you feel a change in the schedule would benefit the child, set aside any resentments you have with your ex, and discuss the change as a positive for the child.

In any issues regarding divorce or child custody, it’s best to sit down with an experienced Perna & Abracht LLC attorney as soon as concerns arise.

This blog was originally posted on https://www.pa4law.com/joint-custody-agreement-how-to-make-it-work-for-you-and-your-child/

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Child Custody Modification: What You Should Know Before Agreeing

We live in a society in which people’s living and work arrangements change often, so it is no surprise that court orders regarding custody may need to be modified at some point in a child’s life. However, a change in the child custody arrangement can have long-term effects on the child and on the relationship between the child and parent. Top child custody lawyers will say it is important for parents to understand their child custody rights before agreeing to a change in the custody arrangement.

There are two broad categories of custody, physical and legal. Usually, both biological parents of the child have legal custody, whether he or she has been awarded physical custody. Legal custody means the parent has the right to make important decisions for the child, such as education, health care, and religious upbringing.

Physical custody of a child is where modifications are more likely to be requested. The courts prefer that parents work out the custody arrangements themselves. These might include joint custody, sole or primary custody, or Bird’s Nest custody.

An important point for both parents to remember is that it is always in their best interest to abide by the child custody and child support agreements the court has ordered. This includes a courteous and cooperative attitude toward the other parent. Top-rated divorce attorneys say that open hostility by one parent toward the other may result in a request for modification of the custody arrangement.

What are other reasons to petition the court for a change in the child custody agreement?  Typically, there has been a significant change since the court finalized the order, such as:

1.    One parent doesn’t follow the terms of the existing court order;

2.    Evidence of domestic violence or child abuse;

3.    A parent has relocated to another state;

4.    A parent can no longer provide adequate care for the child;

5.    The child’s needs are different now;

6.    The existing court order is no longer in the child’s best interests.

Child’s Best Interest Standard

Most court decisions regarding child custody are made in the child’s best interests. This standard has evolved over time and is very important for parents to understand.

First, the courts will consider the child’s gender, age, and health. Children with special needs or disabilities receive particular attention to whether the home environment continues to meet those special needs.

If the child is 12 years old or older, the court may consider the child’s preferences in the custody arrangement. It is not a simple matter of the child choosing the living arrangement. The court is obligated to consider other factors, such as:

•    The quality of education in the school district and the safety of the neighborhood;

•    The proximity of after-school activities that are important to the child;

•    The physical and mental health of each parent;

•    The ability of the parent to provide a stable and healthy home environment;

•    Each parent’s work schedule, with particular attention to overnight travel away from the home;

•    Whether other relatives (half-siblings, grandparents) live in the home with the child;

•    Each parent’s effort to encourage a positive relationship between the child and the other parent.

The court is more likely to grant a modification if the parents have already agreed to it. In some states, there is a waiting period, but if the court receives evidence the child is in danger, an immediate modification may be granted.

If you are facing a modification of child custody, it’s important to schedule a consultation now with an experienced family law attorney

This blog was originally posted on https://www.pa4law.com/child-custody-modification-what-you-should-know-before-agreeing/

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For Mothers: What are your Child Custody Rights?

For many years in the past, family courts gave preference to the mother when awarding custody, but this is no longer the case. Mothers have rights in child custody, but today the laws are gender-neutral, which by and large means they are the same as the father’s custody rights.

There are differences in how the courts may perceive parents who were married when the child was born versus unwed parents. If the parents were married, the court assumes the husband is the biological father of the child. The court will determine custody based on the best interest of the child (see below).

If the parents were not wed, the court most often awards custody to the unwed mother. The unwed father may petition for custody, but he first must prove he is the biological father of the child. According to top child custody lawyers, these custody cases can become complex.

Determining Which Parent Receives Custody

Family courts determine custody on the Child’s Best Interests Standard. This standard considers many factors when determining which parent should receive custody of the child, such as:

•    What is the child’s physical and emotional health?

•    How strong is each parent’s relationship with the child?

•    How stable is each parent’s home environment?

•    Has each parent paid child support?

•    Are both the parents equally willing to parent the child?

•    Is there any evidence of abuse or neglect?

•    What are the child’s wishes (if he or she is old enough)?

Physical Custody

It’s helpful for the mother to understand there are two kinds of custody: physical custody and legal custody. Physical custody means that is where the child resides, and that parent is the primary caretaker of the child. This parent has the authority to make all the daily parenting decisions for the child, such as:

•    Who may see the child and for how long

•    Where the child lives and goes to school

•    Medical decisions (as long as they are in the child’s interest)

•    Receiving food assistance or other benefits on behalf of the child

•    Decisions about extracurricular activities, travel, and so on

Sometimes a court grants joint physical custody, and the parents will trade the parenting responsibility when the child is in their physical care. Decisions regarding child support will be based on physical custody arrangements and the income of each parent.

Legal Custody

Legal custody is a parent’s right to make important decisions, like where and how the child will be educated, healthcare decisions, religious practice, and so forth. Typically, both biological parents share legal custody regardless of who has physical custody.

Custody in Case of Same-Sex Marriages

In the case of same-sex marriages when there are two mothers, the law is not as settled as it is in heterosexual marriages. One mother may be the biological mother, and her rights may supersede those of the other mother, even if the biological mother was not the child’s primary caretaker.  If the other mother has adopted the child, this may clarify the case somewhat.

Custody in Case of Adoptive Parents

Adoptive parents (whether heterosexual or homosexual) have legal rights similar to biological parents. If a couple has adopted a child in the course of their marriage, both adoptive parents are afforded the rights of biological parents. The court then makes a determination based on the best interest of the child.

Do you have more questions about the child custody rights of mothers? It’s time to contact an experienced family law attorney to discuss your concerns.

This blog was originally posted on https://www.pa4law.com/for-mothers-what-are-your-child-custody-rights/

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Things You Should do Before You File for Child Custody

Divorce is stressful and emotional for everyone who goes through it, but child custody disputes can take the high stress and negative emotion to a whole new level. There are actions you can and should take before filing for child custody that will enable you to cope better, and assist even the best child custody lawyer to achieve the outcome you desire.

Immediately hire a child custody lawyer

Every child custody case is a mountain of paperwork, court dates, and visitation schedules. The stakes are very high if you miss anything at all, and it is easy for this to happen. Hire a family law attorney before even sticking your toe into these muddy legal waters. Not only does your attorney argue on your behalf in court, but he or she will also organize all the details so nothing is missed.

Keep a custody journal

When you go before a judge, you will need clear and reliable records to back up any assertions about the other parent. Make sure you date every entry; also, write notes about every encounter with the other parent. This is doubly important if you believe he or she has done something that you think is unhealthy for or harmful to the child. Take photos and write down the names of any possible witnesses. Use the journal to record your activities with the child, and your efforts to cooperate with the other parent.

Cooperate with the other parent

Keep an open and courteous dialogue with your ex, even if you are unhappy with the overall situation. Appearing to be unreasonable can work against you in court. If communicating with the other parent is too challenging, ask your divorce lawyer to handle communication or give you advice about how to manage the situation.

Enable visitation for the other parent

Even though you believe you can provide a better environment for the child, do not withhold visitation from the other parent. The court will look more favorably on your case if you cannot be portrayed as spiteful or uncooperative by your spouse’s attorney. Of course, if you suspect an imminent threat to the safety of the child, consult with your attorney about the next best steps.

Be careful in front of the children

Always respect that the children will be very upset if you place them “in the middle” by openly criticizing your ex-spouse or partner. Take the high road, stay calm, and protect the children from negative comments. This is truly the best for the children, and the court will be looking for evidence that you do put their welfare ahead of your own emotional state.

Curtail social media interaction

It is a mistake to use social media to belittle your ex or complain about the custody arrangement you would like to change. Social media is a public space and anything you post there may find its way to the courtroom. Along with refraining from criticism of the other parent, make sure social media does not show you behaving irresponsibly by being drunk or using illegal drugs. Your child support lawyer will tell you that even posting something positive like a new car or dining out can be used against you. You may post wholesome family activities on social media, but in general, it is safest to stay off social media as much as possible.

Are you planning to file for child custody? Call an experienced attorney at Perna & Abracht, LLC. 

This blog was originally posted on https://www.pa4law.com/things-you-should-do-before-you-file-for-child-custody/

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