The Importance Of Your Estate Plan During A Pandemic

The COVID-19 pandemic seems to be changing everything, including one’s priorities. With tens of thousands of Americans already dead from the disease, one priority that should move up for many individuals is estate planning. Top estate planning law firms say it is important to have your affairs in order if the worst happens, and it is also important to know that several elements of an estate plan will help should you become ill.

Here are the parts of your plan that will help in the event you become sick with COVID-19:

Health Care Power of Attorney (POA).

Sometimes this is called a “Living Will” or “Health Care Directive.” This document names one or more persons to make health care decisions on your behalf if you should become incapacitated. Be sure to think carefully about who you will appoint.

Often, the spouse is selected to be the decision maker in a Health Care POA. This seems only natural, but you should think about what would happen if both you and your spouse become ill due to COVID-19 – and there is fair probability this could happen.

Another potential problem with naming your spouse is there is always the possibility of divorce. If you do not keep your documents up-to-date, your ex-spouse could be named as your health care POA. Any divorce lawyer will note there are several downsides to this!

You might select an adult child as co-agent. This also seems natural, but if your child does not live nearby, it could present a problem in an emergency. The Wills lawyers recommend that you  choose someone who could appear at your nearest hospital without much delay. In light of the pandemic, you should consider whether your agent is in a high-risk group for COVID-19 morbidity: age 60 or older or a person of any age with diabetes, heart disease, respiratory disease, or any chronic medical condition.

Whomever you select, naming more than one agent is advisable at a time like this when travel is restricted and more people are likely to be sick at the same time.

Financial Power of Attorney (POA) or attorney-in-fact. This is an agent who will make financial decisions for you in the event you are too sick to do so yourself. If you do not name a financial POA, your bills (including court-ordered child support) may not get paid and other important decisions will not be made until a court can name an agent for you. Costs and complications can escalate if several people think they should be named and others should be excluded.

It is best to select this person or persons yourself. In this time of uncertainty, it makes sense to choose two agents. This allows them to talk over any tough decisions, and it minimizes the possibility your funds would be misspent. However all the same considerations apply as with the health care POA: your spouse might become ill at the same time you do, and other individuals may not be the best choice if they are in the COVID-19 high risk category.

You might think of this as your financial welfare team who may be needed in the short-term to manage your affairs and make decisions until you recover. It is possible to become incapacitated for the long term, and then your affairs will require a different type of management. You may name one agent for short-term financial management and another individual for long-term incapacity.

A complicating factor in this age of social distancing is that states require witnesses to finalize documents, as well as notarization of signatures. Your estate planning attorney is likely to have a solution that will enable your plan to be finalized during the pandemic.

This blog was originally posted on https://www.pa4law.com/the-importance-of-your-estate-plan-during-a-pandemic/

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Failing To Pay For Child Support In The Quarantine? What You Should Know

As unemployment has increased rapidly due to the pandemic and quarantine, you may find yourself struggling to meet child support obligations. Often contested in a divorce, child support is an issue that is both emotional and financial. Parents should know that courts may enforce harsh penalties if you do not make your scheduled payments.

What are the possible consequences?

•    A warrant – civil or criminal – may be issued for your arrest.

•    You may be found in contempt of court.

•    You may be fined, put in jail, or both.

•    If you are still working, your wages may be garnished.

•    If unemployed, your unemployment compensation may be garnished.

•    Your tax refund may be denied.

•    If you own a property, a lien may be placed on it to cover any payment that you owe.

•    Revocation or suspension of your driver’s license, passport, professional license or hunting/fishing/boating license.

Act proactively

Because these penalties are very serious, if you are having difficulty making payments, be sure to take proactive steps rather than just miss a scheduled payment. These may include:

1.    Seek a divorce attorney consultation to discuss your next best steps.

2.    Requesting the local enforcement agency to set up a temporary payment plan to keep you from falling entirely behind.

3.    Go to the court to have support orders revised. Be prepared to show your change in circumstances, such as unemployment or reduced employment. Other reasons the court may consider a change in support orders include a change in custodial arrangements or medical emergency.

There are differences in state laws and enforcement of penalties, but please know that all states are prepared to enforce court-ordered child support, even if one parent has moved to another state. In such a case, federal charges may be brought. In a federal case, the non-paying parent will be required to pay the support owed and may be imprisoned for up to two years. If the non-paying parent is in military service, he or she may be discharged from service.

Support vs. Custody

Good child custody lawyers will tell you that while the courts take child support very seriously, the courts view support as an issue separate from custody. One parent may not restrict court-ordered visitation of a parent who has not paid child support as scheduled. If the court has granted visitation rights, the parent has those rights until the court would restrict or change them. Courts look unfavorably upon a custodial parent who prevents the other parent from having court-ordered visits with the child or children, particularly if it is related to non-payment of support.

A point of law is that the child is the one entitled to receive support from the parent. Parents should not use payment of support or other support-related issues as a weapon against the other parent. The court will look unfavorably on any such behavior.

In a pandemic as we are experiencing, top estate planning law firms will tell parents concerned about their child’s future security to thoroughly review provisions for children. If you do not have a Will,  it is time to contact a lawyer to draw up a Will.

No matter how worrisome your employment situation may be, it is important to act responsibly and seek the advice of a highly experienced child support attorney who can counsel you on your best course of action.

This blog was originally posted on https://www.pa4law.com/failing-to-pay-for-child-support-in-the-quarantine-what-you-should-know/

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Child Custody In Pandemic And Quarantine

New child custody cases are arising across the U.S. as ex-spouses of health care workers, first responders and other essential workers are attempting to remove access to children by the other parent, according to the best divorce lawyers. In these cases, the ex-spouses claim that the other parent, because of his or her occupation, is at higher risk for becoming infected with COVID-19 and then transmitting it to the child or children.

Doctors, nurses and other essential workers are saying they are being punished for going out and helping others in a pandemic. The custody cases are not limited to just these workers, as some parents are attempting to limit who may come and go in an ex-spouse’s household, and whether or not the child can be compelled to travel in a quarantine in order to comply with custody agreements.

These cases are fraught with controversy, and there is no settled case law regarding child custody in a pandemic or quarantine. Child custody lawyers say the issues are being resolved case-by-case, court-by-court in states all over the country.

Let’s review how courts in general view child custody cases. The court attempts to shape a custody agreement that is in the best interests of the child, considering:

1.    What is a safe residence for the child that protects him or her from disease, substance abuse, or other physical or emotional harm?

2.    Do both parents provide this?

3.    How can custody be shared by parents while also protecting the safety and well-being of the child?

Any change to your custody arrangement will be evaluated against these standards. Let’s look at how some courts have already ruled:

In an open letter, the chief justice of the Massachusetts Probate and Family Court confirmed that approved custody agreements should be observed. If one parent is self-quarantining from family members (as a number of health care workers have chosen to do), the other parent should allow time for the child to video conference or talk on the phone with the parent in quarantine.

In a Florida case, a mother objected to sending a young child to stay with the father, who is a firefighter, and his live-in girlfriend, who is an ER nurse. The father demonstrated to the court that he and the girlfriend take extra precautions in showering, changing clothes, handwashing and disinfecting, to avoid spreading the virus in their home. The court allowed the child to continue to visit the father.

A New Jersey court placed an emergency order against a physician who had recently agreed to see non-COVID-19 patients in the office, after a period when she only offered TeleHealth visits. Her ex-husband said this change increased exposure to their two children ages 9 and 11. The court agreed with the father. The physician ultimately decided to go back to TeleHealth visits only, and custody was restored.

Although custody and child support often are separate issues, the sharp rise in unemployment may blur those lines. Another consideration as a provider and protector of the child, attorneys who handle Wills say you should make sure your estate plan is in order.

If you should find yourself on either side of a custody case, there are some steps to take:

•    Review your custody agreement with your attorney.

•    Discuss how you would want to alter it to protect the child’s health.

•   Have a discussion with your ex-spouse and invite attorneys if needed (a video conference is the best idea).

•    If an agreement cannot be reached, confer with your attorney about what the next steps may be.

As these issues are new to everyone, it is important to consult with an experienced family law attorney to revisit how well your current custody arrangement is working in pandemic and quarantine.

This blog was originally posted on https://www.pa4law.com/child-custody-in-pandemic-and-quarantine/

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Want To Challenge AWill In Court? Here’s How You Can Do It!

Challenging a Will isn’t easy because it is assumed that if someone went to the effort to make a Will, then the Will is valid. A probate lawyer will tell you that contesting a Willcan drain you mentally and emotionally, and the process can be costly.However, there are certain factors that may assistyou in achieving a successful challenge:

•    It is a do-it-yourself Will. When a person (called the Testator) writes a Will himself or herself, it is possible that certain legal formalities were overlooked. Another possible weakness is that the Will may not have addressed the “what ifs” that an estate planning law firm will make sure are included.      

•    The Testator has been isolated from family and friends by the primary beneficiary of the Will. In a case like this, your challenge might request invalidation based on undue influence.

•    The Testator’s mental capacity is in question. This requires evidence that the Testator did not have the mental capacity to make a Will at the time he or she signed it.

Contesting a Will requires that you meet certain guidelines. The first one is that you must have something called “standing.” To have standing, an individual or entity must be able to show that they would be personally or directly affected by the outcome. For instance, a person contesting a Will might be a close relative who was left out of the Will, or a beneficiary who had been named in a previous Will. An entity such as a bank must show they were a beneficiary or a fiduciary in a previous Will. If you don’t have standing, you cannot proceed with the challenge.

Also, you must file in a timely manner as defined by state law. Which state? The state in which the decedent resided at the time he or she passed away. The proscribed time period for contesting a Will ranges from a few weeks to a few years, so it’s important to hire an experienced estate attorney who knows the timeline that applies to your case.

You may wonder why time limits are set. This is to expedite the payment of final expenses and the transfer of assets to the beneficiaries of the Will. If no time limits were set, a challenge could be brought any time in the future. The Will could not be fully distributed in order to provide for a potential legal challenge. Make sure to move ahead in a timely manner so your case is not time-barred.

Let us assume that you have standing and are within the time limit set by state law. Now you must have sufficient grounds to contest the Will. There are four possible grounds:

1.    Lack of proper legal formalities;

2.    Mental incapacity of decedent at the time the Will was signed;

3.    Undue influence on the decedent;

4.    Procurement of the Will by fraud.

Proving any of these grounds requires more than suspicions, you must have evidence. That is why you should take any intentions to challenge a Will to be evaluated by an experienced probate law firm. Time is of the essence, so don’t delay this consultation.

This blog was originally posted on https://www.pa4law.com/want-to-challenge-awill-in-court-heres-how-you-can-do-it/

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What Is Medical Malpractice and How to Prove the Claim?

Medical malpractice is a very serious claim that goes well beyond being harmed by a medical professional. In medical malpractice, the harmed patient must demonstrate that the medical professional failed to perform his or her medical duties competently and correctly. Before accepting the case, a good malpractice attorney will establish these important facts:

1.    There was a doctor-patient relationship. What is a doctor-patient relationship? This is when a person (you) hires a medical professional to diagnose and treat an illness. For medical malpractice to exist, you must have this formal relationship. Your complaint may not be based on remarks a doctor made in a social setting or any casual conversation. Sometimes a true doctor-patient relationship is difficult to support when there is a consulting physician who did not directly treat you.

2.    The medical professional was negligent. The doctor may have made a mistake, but the law requires that he or she was negligent – which in the medical malpractice world means that his or her care fell below the standard of care for like medical professionals.  The medical profession has known standards of care, and doctors are obligated to meet these standards of care. You will be required to present a medical expert who can testify about the accepted standard of care and how the doctor did not follow it (or did not follow it completely).

3.    The negligence caused your injury. Sometimes it is difficult to prove this, as perhaps the original disease or accident that brought you to the doctor caused the harm you experienced. This is one of the strategies the doctor’s attorneys may adopt. Working on your behalf, a good injury lawyer will work to prove that it is more likely than not that the harm was caused directly by the doctor’s incompetent decision(s) or treatment. Once again, you will need to present a medical expert who will testify to this effect.

4.    Your injury led to certain damages. The case may indicate that the doctor performed below the standard of care, but you must also prove that the doctor’s performance caused you injuries which damaged you. These may include physical pain, mental anguish, medical bills in addition to those for the original illness or accident, and/or lost time at work or earning capacity.

Types of Medical Malpractice Cases

A variety of mistakes, misjudgements or failures to perform can lead to a medical malpractice lawsuit. They generally fall into the following categories:

Failure to diagnose asks “Is it likely that a competent doctor would have made the correct diagnosis, and would you have had a better outcome if the diagnosis was correctly made?”

Improper treatment goes to whether the correct treatment was chosen, and if the treatment was administered properly.

Failure to provide informed consent goes to whether the doctor ensured that you knew and understood the risks associated with the treatment.

Many states have very specific rules about when and how medical malpractice cases must be filed. If you have been injured and believe it is due to negligence on the part of a medical professional, schedule a consultation as soon as possible with Perna & Abracht LLC.

This blog was originally posted on https://www.pa4law.com/what-is-medical-malpractice-and-how-to-prove-the-claim/

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Think You Understand Inheritance Rights? Here’s What You Should Know.

Many people believe they understand inheritance rights, but very few (outside of the legal and estate planning professions) actually do. This is because laws regarding inheritance are complex and vary from state to state. Below are the five common myths about inheritance rights that our Wills lawyers debunk:    

Myth 1: I can leave my property to whomever I choose.

It’s true that, in your Will, you can leave your property to anyone you choose. However, inheritance rights may override your wishes as stated in your Will. This is particularly true when it comes to a spouse who survives you. Depending on the state in which you reside, a surviving spouse is legally entitled to one third to one half of your property even if you have not provided for him or her in your Will. The spouse would have to contest the Will, but it is likely that a state court will award the percentage of the estate allowed by that state’s inheritance laws.

Myth 2: My surviving spouse will automatically inherit all of my property.

As you can see in the answer to Myth 1, the words “automatically” and “all” are problematic. A surviving spouse does have inheritance rights, but if the spouse is not named in the Will, he or she will have to contest the will to receive an inheritance. This is an important reason to make sure you have a Will. Moreover, if you wanted your surviving spouseto inherit your entire estate, you would need to specifically mention this in your will.

Myth 3: My ex-spouse cannot inherit my property.

This is not true if you have an outdated Will that leaves an inheritance to your now-ex-spouse. Be sure to meet with your estate planning attorney whenever you experience a major life event like a divorce, to make sure your will is entirely up-to-date and reflects your current wishes, not those of 10 or 20 years ago.

Myth 4: My children and grandchildren have a right to inherit my property.

The fact is that your children and grandchildren do not have a legal right to inherit your property. To ensure that they will inherit, you must name them as beneficiaries in your Will. Again, make sure your Will is up-to-date; a child or grandchild may have been born after your Will was originally written. Let us assume your will names your older children as beneficiaries but does not mention the younger one(s) who were born or adopted after the Will was written. Most states will allow a child to contest a Will if it appears the child was left out by accident. A probate lawyer will tell you this means the child must go to the expense of time and money to contest the Will.

Myth 5: To disinherit a child, I just leave him or her out of my Will.

Disinheritance is specifically addressed by state laws. Let us say that you have named two children as beneficiaries and do not name a third child. If that child contests the Will, the state will not assume the child is disinherited. To disinherit a child, you must state in your Will that you are not leaving assets to this child. Another method is to leave just a small amount to the disinherited child so it is clear the child was not left out by accident.

Clearly, you need the help of an experienced estate attorney to navigate your state’s inheritance laws. Set up a consultation today to create or review your estate plan.

This blog was originally posted on https://www.pa4law.com/think-you-understand-inheritance-rights-heres-what-you-should-know/

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Couples Without Children: 5 Estate Planning Tips.

Couples who are child-free sometimes think they don’t need an estate plan, but nothing could be further from the truth. An estate plan created by the best estate attorney ensures that your assets go where you want them to go after you pass away. Following are five estate planning tips of particular importance to couples without kids:

1.    Yes, you need a Will. If you don’t have a Will, you are not alone, as 64% of American adults don’t have a Will. It is time to put yourself among the very smart 36% who do have a Will. A Will ensures that your property goes to the persons and/or entities you choose; not having a Will leaves it up to the state to decide who receives your property.

Start your estate plan with a Will that addresses the following:

•    What happens if your spouse survives you? You may want him or her to have a portion, and also to make bequests to a favorite niece, your house of worship, your alma mater – whatever! A Will is the only way to make sure it happens as you wish.

•    What happens if both you and your spouse die at the same time? In this scenario, there is more property to go around, so you may give more generously to a few, or give to more people or organizations.

•    What happens if your spouse survives you, but then dies shortly thereafter? You should ask this question particularly if you are leaving everything to your spouse. When the spouse passes away, his or her Will determines what happens to the assets you left behind.

2.Establish power of attorney.  Most likely you would rely on your spouse to make decisions for you should you become incapacitated. But what happens if your spouse dies suddenly or becomes incapacitated? Give another trusted person (or persons) your power of attorney to pay your bills, manage your money, and sell property. You may also choose a separate individual to have your health care power of attorney and make medical decisions for you.

3.Beneficiaries.You would designate who receives the assets in retirement accounts or a life insurance payout by naming beneficiaries. Once you have named beneficiaries, it is important to keep these current. We all know that life changes, and sometimes very quickly. Plan a periodic review of your estate plan with your estate planning attorney.

4. Start giving now. You may name individuals or charities as recipients of your generosity right nowand enjoy the thanks while you are alive. There are trusts you may establish that will allow you to live off of the assets of the trust, and then when you pass away, the remaining balance goes to the individuals and/or chariies you have chosen. There are other ways to structure giving through trusts, so it is very important to consult with an experienced estate attorney.

5. Plan for your pets. Did you know that 500,000 pets are euthanized each year because their owners did not provide a plan for them? Make sure your beloved pets are cared for in the way that you wish. You must designate someone to be the pets’ guardian, but make sure the person agrees to this role. It’s also best to leave funds for the care of your pets. If no one comes to mind, there are nonprofit organizations that will take-on this responsibility (again, you should designate funds for the care).

Don’t wait any longer to become part of the smart 36% who already have estate plans. You (and your spouse if applicable) should meet with an experienced estate attorney at Perna & Abracht LLC.

This blog was originally posted on https://www.pa4law.com/couples-without-children-5-estate-planning-tips/

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