Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
Inheritance claims may expire at the end of the year, due to a law change in accordance with the inheritance reform. In the year 2010 an inheritance reform changed the limitation rules and could show its impact this year. The inheritance - and limitations law reform became effective on 01.01.2010.
Federal Court Of Finance Decides That Income Tax For The Year Of Death Of The Departed Is Deductible - Germany
The decision from the German Federal Finance Court (BFH) of the 04.07.2012 (AZ: II R 15/11) evidently stipulated that the income tax debt for the entire 12 month period of the departed is tax deductible. Therefore, at some forward point, the debts from the deceased, along with church taxes plus the solidarity surcharges, are often deducted just before the taxation office is granted to calculate the inheritance tax.
Federal Court Of Finance Clarifies That Income Tax For The Year Of Passing Of The Departed Is Deductible
The decision of the German Federal Finance Court (BFH) dated 07/04/2012 (AZ: II R 15/11) evidently stipulated that the income tax debt for the entire 12 month period of the passed-on individual is tax deductible. Therefore, at some forward point, the debts from the deceased, together with church taxes, as well as, the solidarity surcharges, are often deducted just before the financial authorities are granted sum up the inheritance tax.
In the sphere of surrogacy, Ukrainian legislators have proven to be far more progressive than many of their European colleagues. Today, Ukraine is one of the very few surrogacy friendly countries in Europe. Unlike other nations that limit or even ban surrogacy, in Ukraine the intended parents of child are considered to be biological parents from the moment of conception, and they are specifically named as biological parents in the birth certificate without any mentioning of surrogate mother.
Whether you are legally separating or filing for divorce, it is extremely important that you don't allow your emotions to get the best of you, especially if child custody or property division is a part of your problem. First and foremost, you should consult a family law specialist.
Many people within the elder law community are concerned about the future solvency of the Social Security program. Indeed, given the rapid aging of the population there will be an added strain on the system. Exactly how to go about cutting costs is a matter of ongoing debate, but the Social Security Administration has been taking some steps that would seem to be quite logical to most people.
Future spouses have the freedom to enter into an agreement with each other as to how their properties will be governed, and just like any other contracts, the stipulations thereto should not be void or contrary to law, morals or public policy. Pre-Nuptial contract is an agreement between future husband and wife insofar as the property relations that will govern their properties during the existence of their marriage.
Germany - Income Tax For Year Of Death Of The Deceased Deductible According To Federal Court Of Finance
The verdict of the German Federal Finance Court (BFH) of the 04.07.2012 (AZ: II R 15/11) strongly portrayed the point in which the income tax debtfor the death year of the departed is actually tax deductible. Consequently, going forward, the debts belonging to the deceased, consisting of church taxes, as well as, the solidarity surcharges, can be subtracted before computation of the inheritance tax by the taxation office.
A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them. Parties who enter into a marriage are presumed to have done so legally which renders their marriage binding and valid and may not be presumed by the parties to be otherwise simply because of their personal belief that a ground for its invalidity exists.
Relocation is an issue that is often addressed either in an initial custody action or after an initial custody order has been established. Florida Statute 61.13001 specifically addresses the issue of relocation. This statute prevents a residential parent from relocating their residence more than 50 miles unless the parties enter into a written agreement before the move or a court approves the relocation.
In concept, a financial affidavit is a simple document. It is a sworn statement of your income, expenses, assets, and liabilities. The form for the affidavit is prescribed by the Florida Supreme Court. Both parties must file and serve a financial affidavit in a divorce case. Let me give you some ideas about what different expense might seem appropriate and then I'll tell you why each of them is defective:
Adoption is a legal process whereby a person permanently assumes the parental rights and responsibilities for a child from his or her biological parents. Legal guardianship is a legal process whereby a person is appointed by court to take care of a child. The guardian has the parental rights and responsibilities but such rights and responsibilities the guardian has over the child are not permanent.
“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code." Article 1 Family Code of the Philippines.
Nursing home costs are rising, which could be detrimental to your financial health should you find yourself in need of nursing home care, or even that of an assisted living community. In fact, the average annual cost for a nursing home is running around $75,000 per person. Having insurance won’t be much of a help since most insurance plans do not cover the costs associated with a nursing home.
Seniors who don't have a lot of strong social connections may be putting their health at a significant risk. Researchers have long known that social isolation and feelings of loneliness can contribute to a decline in health in almost anyone, but elderly people are especially susceptible. Now, researchers at the University of California at San Francisco have released the results of a new study, which further demonstrates just how dangerous being alone as a senior can be.
The provisions of the new Child Custody Act applied in this instance. E.D. v. M.P., 33 A.3d 73 (Pa.Super. 2011). The mother appealed from the trial court order that granted permission for the father to move from Susquehanna County, Pennsylvania, to Barton, New York, with the parties’ male child. The appeal required consideration of the procedures and legal standards set forth in the newly enacted Child Custody Act, 23 Pa.C.S. § 5321 et seq.
If you are a resident of the Pennsylvania and looking for child support after separation, you would need to learn about the laws and regulations related to child support in Pennsylvania. Getting a divorce is undoubtedly one of the most difficult times in an individual’s life and it becomes even more so when you have children in the picture. The divorce procedure becomes a lot more difficult when you have children.
By Banjoko Law
You must not avoid writing your will. In fact, it is your voice after you death. Your family and loved ones will be certain of your wishes. A carefully written will can avoid your assets going to unintended individuals, eliminate contests over the distribution of your possessions, can be used to create a trust, economical relative to intestate administration, and a will can be easily amended to fit changing circumstances.
By Banjoko Law
Marriages do fail. Marriage counselling is attempted to resolve your differences with your spouse, but sometimes there are irreconcilable and the only option is a divorce. Introduction - Marriages do fail. You attempt to enter into marriage counseling or resolve your differences with your spouse in a manner that preserves the marriage.
There are many resources available that broach the subject of children and divorce. With the right support, you child will live through it without too much emotional damage. Contact a Plano family law attorney when divorcing and find the right support and resources for your child.
Family Courts Ordinance- 1985 A family Court will have jurisdiction over the following matter: 1. Dissolution of marriage; 2. Restitution of congeal life; 3. Dower; 4. Maintenance; 5. Guardianship and custody of children. Under the Family Courts Ordinance 1985 the Assistant Judge is to act as a Family Court to try family matters specified in the ordinance.
Marriage to a U.S. citizen is the most common way of getting a legal permanent resident status in the United States especially when the alien has been out of status in the country. Fraud statistics show that between 1998-2007 more than 2 million people have reported marriage as a means to gain residency within the United States.
According to Buckley, her experience working with the elderly has reinforced the idea that as the age of society changes, the challenges will change as well. Compared to other types of law, such as personal injury or criminal law, the legal field pertaining to elder care is still relatively young. This is due to the simple fact that with new medical technologies, diets and lifestyles, the age of society’s elderly continues to advance alongside these factors.
When you are a younger adult you may well have a difficult time wrapping your head around the concept of aging. It can seem as though retirement planning is something that you really don't have to think about until you are much older. The above is understandable because we all have day-to-day challenges that we must address and it can be hard to think about the future.
Every state has specific laws regarding divorce. Such laws may vary from one state to another. When you are planning to get a divorce, make sure you know about the specific laws of the state. Are you looking to get a divorce in Pennsylvania? Every state has specific divorce laws and you need to meet certain requirements to file a divorce in a particular state.
More lawsuits have been filed in Philadelphia by individuals who allege that they were abused by Catholic priests as children. Pennsylvania takes “corruption of a minor” charges very seriously. “These things do not define me but they have left me as damaged goods,” said one man who was abused by Roman Catholic priests as a boy.
By Jaburg Wilk
A short window exists for a special needs child who is near age 18 to qualify for SSI by meeting the definition of disability. There is a distinction between SSI and DAC benefits. It is important to consult with an attorney who has expertise in both public benefits and special needs planning as both benefit rates and qualifications can and do change.
Anyone who has been divorced will tell you that asset division is one of the most stressful and emotionally charged aspects of the divorce process. During asset division, spouses must agree on how to divide their property, debts, and monetary assets. Spouses frequently experience distrust and suspicion during this process, and this is because one spouse sometimes tries to hide assets from the other.
Payments can be made to a spouse deemed as dependent if the court finds that they are financially reliant on their other spouse. Alimony can come with other names. It is known as spousal support or maintenance depending on the state. Regardless of what it is called, it seeks to gain the same goal: provide a dependent spouse with financial compensation.
Introduction Beyond the considerable emotional pain, the end of a marriage is legally complex. This pamphlet reviews alternatives to divorce and failing these, the procedures for obtaining a divorce. Consult a lawyer if your marriage is ending. You will need sound professional advice to determine child custody, financial support, and make a fair division of the property of the marriage.
As life spans continue to increase and more people are living in extended family environments,many are having to deal with financial issues that affect their elderly parents. In many situations these financial topics can be a taboo subject in the family, especially when the elderly parents have a lot of pride and are reluctant to speak about financial difficulties.
You may not be inclined to take relationship advice from celebrities – but they sure do know a lot about divorce. Tom Cruise and Katie Holmes’ divorce in 2012 has shown us that celebrities handle divorce in different ways, and each high–profile couple can teach us something about the best (and worst) practices of divorce proceedings.
The prospect of a divorce can be particularly stressful for the spouse who has been out of the workplace for some time. While it may have made sense for one of the spouses to stay home during the marriage, once the parties begin to live separately it may simply be unrealistic for the stay–at–home spouse not to return to work after a divorce.
The German system of family reunification in visa cases is very strict. The spouses should be prepared carefully by their attorney before they apply for a visa to Germany. In the following I explain the relevant fact pattern of German visa cases.
Adding to the increasing mountain of evidence which shows that remaining socially connected and interacting with others is key to maintaining your health as you get older researchers in California have recently revealed the results of a study which showed that seniors who feel lonely are at a significantly higher risk of dying than those who do not.
Limitation of language requirement for familiy reunification with Germans. The Federal Administrative Court in Leipzig has decided that the statutory requirement to demonstrate knowledge of German in case of a family reunification with the foreign spouse to a German citizen is only valid restricted.
Germany implements EU Directive “Blue Card” for high skilled employees (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:155:0017:0029:en:PDF ) on August 1st 2012. The immigration of foreign skilled nationals has the purpose to enable immigration of highly qualified employed foreigners from countries outside of the European Union (EU).
While much effort has gone into bringing public awareness to the prevalence of child abuse over the last few decades, the frequency with which the elderly are also abused is just beginning to come to light. In many ways the elderly can be considered as vulnerable as a child, making them an easy target. The elderly are often victims of physical or emotional abuse; however, unlike children, the elderly are also prime targets for another type of abuse – financial abuse.
In some sense, most of us feel emotionally or culturally responsible for taking care of our aging parents in both a physical and financial sense however, did you know that you may be legally responsible for their care as well? If you did not know that then you are not alone—most people are not aware that they may have a legal responsibility to provide financial care to a parent. This legal obligation stems from state filial responsibility laws.
It has become rather common for a couple to have a prenuptial agreement before a marriage. Many people are getting married at a much older age and with a 50% success rate of marriages it is important to have a backup plan should the marriage not play out as expected.
When choosing to file for divorce, many couples do not consider the ramifications it will have both financially and emotionally. It may seem like it should be a fairly simple process, but it can often be complicated, messy and time consuming. There are certain tips to consider prior to pursuing any form of separation.
If your spouse tells you he or she wants a divorce, regardless of the reason, there are some common sense steps to take to protect yourself and your rights at the beginning of the process. Unfortunately, divorce is a reality even for couples that “everyone thought would make it.” Sometimes, couples may try counseling, spiritual help, and even temporarily separate to try to find a way to stay together.
Divorce is a painful decision that one has to make in life. However, along with legally ending relationship there are many things to decide at the time of divorce. A competent lawyer can manage all these legal formalities excellently. Divorce can be one of the difficult situations that an individual has to encounter in life. Along with that couples have to deal with complex legal issues while undergoing divorce.
There are three ways in which someone can establish paternity, or legal fatherhood, in South Carolina; and there are numerous reasons why fathers or mothers may seek this legal action for their family. Establishing paternity is a financially responsible decision, and it can also establish parental rights and bring children a sense of identity.
If you have been served with an Order for Protection: If you have been served with an Order for Protection, it is important that you consult with an attorney immediately to discuss your rights, as in most cases you only have five days to request a hearing after you are served with an Order for Protection.
In Virginia Beach child custody cases, judges often appoint a Guardian ad Litem (GAL) for the children. Most family court judges do not favor having children testify in court during a child custody hearing. Custody cases are stressful and emotional matters for the parents involved, and even more so for the children. A Guardian ad Litem (GAL) is an experienced family law attorney who is appointed by the court to represent the interest of the children in a contested child custody case.
The specifics of divorce cases and all of the related issues change depending on what state you live in. For this reason, it is best to be informed regarding the law and requirements of your state before beginning the process of ending a marriage or domestic partnership.
As you live in your home over the years, you can become attached because so many memories seem to be ingrained into the very structure itself. You also may feel totally comfortable and have everything arranged according to your tastes. That idea resonates with people of all ages.
When a married couple decides to separate, they will be required to make numerous decisions regarding their future lives apart from one another. Some of the most highly contested decisions involve the division of property and the spousal maintenance that one spouse pays to the other. These decisions can become so heated that spouses have been known to use every bit of information to gain an advantage over the other.
The idea of being uprooted and moving into an assisted living community is not an especially pleasant one for many senior citizens. People become attached to their homes and this can be particularly true of elders who may have stored so many memories within these friendly confines.
The billionaire owners of the Philadelphia Eagles have announced their decision to file for divorce in PA after 20 years of marriage. The owners of the Philadelphia Eagles, Jeffrey and Christina Lurie, have announced their decision to divorce, ending their marriage of 20 years.
Military divorces are subject to both state and federal regulations for retirement distribution. In Hampton Roads, VA the military divorce lawyers at Garrett Law Group are available to answer your questions. Due to the extensive military presence in Hampton Roads, it is no surprise that many divorces filed in Virginia Beach are filed by military members or military spouses.
New York was the last State in the Nation to adopt no-fault divorce. Learn how no-fault divorce makes it easier for you to get the divorce you deserve. On October 11, 2010 New York divorce law finally joined the rest of the United States when it began to allow no fault divorce. A no fault divorce simply means that you no longer have to prove that your spouse is at fault for the court to permit you to get divorced.
Alzheimer’s disease is a growing problem today that burdens loved ones and their families. The U.S. government website, alzheimers.gov reports that over five million people in the United States have Alzheimer’s. Alzheimer’s is most prevalent among the elderly, but is not a normal part of aging.
When your loved one begins to show signs of Alzheimer’s disease or dementia, your focus tends to be on medical issues—the kinds of treatment that may be available, the effectiveness of different medications. However, there are steps that you need to take as soon as possible to protect your rights and the rights of your loved one. The Alzheimer’s Organization identifies specific issues that you want to address after a diagnosis of Alzheimer’s or dementia.
If you were to be among the many who are going to require living assistance when you reach an advanced age you have some decisions to make. A lot of people will decide to reside in an assisted living community. Depending on your physical condition, your financial capabilities, and your personal preferences this may indeed be the best choice for you.
If you are one of the millions of Americans who has an elderly family member in the care of someone outside the family you likely worry about the quality of their care on a regular basis. Although accurate statistics are difficult to come by because experts believe that a significant percentage of actual abuse and neglect of the elderly goes unreported, estimates are that over two million elderly Americans are abused or neglected every year by caregivers.
There are things that can be done to protect your assets during the latter stages of your life from a legal perspective, and you should discuss your options with a good Oklahoma City elder law attorney. At the same time, each individual must take personal responsibility to protect your assets and yourself. Awareness is key, and one growing problem that seniors must protect themselves against is elder financial abuse.
For elderly Americans, depression often goes undiagnosed and untreated because many people do not recognize the symptoms. Elderly people are prone to develop depression for a variety of reasons. Anything from chronic back pain to the loss of independence caused by medical conditions can lead to depression or make depression more serious.
With many baby boomers reaching retirement age every day, proper financial planning is becoming increasingly more important. But for many boomers, proper financial planning may involve being able to cover the expenses of an elderly parent. Though many people do not realize it, about 30 states have filial responsibility laws. These laws require the adult children of indigent elderly parents to pay for their care if the parents cannot.
Many people are surprised to hear that Medicare will not pay for residence in an assisted living community or a nursing home. This is a pretty bad news because simply writing a check would be painful at best, and impossible at worst.
Each county in the state of North Carolina has a Child Support Enforcement office or CSE that is tasked with enforcing child support orders. The Division of Social Services of the Department of Health and Human Services also has the authority to enforce child support orders throughout NC.
Child custody laws vary from state to state. In North Carolina, any relative of a child may file a suit asking for custody. The only exception is a biological father who became a father because of raping the mother. Sometimes, families can work together to decide custody arrangements without the help of the court.
Divorce is never easy but Illinois is one of more than 20 states that allow no-fault divorces as well as fault dissolution’s on the grounds of impotency, adultery, bigamy, desertion, cruelty or a felony conviction.
For many senior citizens, the cost of medical care and services is a big concern. Often, healthcare plans that were in effect while working are no longer available or are financially out of reach. Many elderly Americans turn to the Medicaid program for assistance. Qualifying for the program can be difficult for an individual who has even minimum assets.
Some people have no shame, and this is evident when you look into the statistics regarding elder financial abuse. This has become a big problem in the United States today and it is an issue that is a source of concern within the elder law community.
Keeping your fingers crossed while hoping for the best is no substitute for intelligent planning when you are considering the eventualities of aging. As the Baby Boomers reach retirement age, studies show that a high percentage of them are unprepared.
The idea of having to move into an assisted living community or nursing home environment is not appealing to a great many people. However, it’s estimated that about 43% of everyone age 65 and over will use a nursing home at some point in their lives. Paying for nursing home care is often very difficult, and these expenses are not covered under Medicare.
Legal separation is an alternative to divorce for couples not wanting an official ending of the marriage for any multitude of reasons. Legal separation has the same grounds for divorce (irreconcilable differences or insanity). The separation is actually a legal agreement outlining the responsibilities of both parties. Similar to divorce, things like child support, alimony, and division of shared property are agreed upon for the legal separation.
Child support is a monthly payment to cover the day-to-day expenses of child/children. Both parents are financially responsible for their children, and the court may order either or both of the parents to pay Child support, based upon each parents’ income, and the percentage of time each parent spends with the children.
Divorce affects your career in many ways. If you're getting a divorce in Virginia, you should be prepared legally, emotionally, and professionally. When you're getting a divorce in Virginia, you may have questions regarding if and when to tell your boss the news. The timing and method you choose may have an impact on the degree to which divorce affects your career.
It isn't unreasonable for divorcing couples to worry if they can survive financially after they divorce. One big thing is; many people are scared by the idea that they will find themselves paying mortgages and marital debts by themselves. But, following some easy measures provided by the law may ensure fairness in debt division and also property allocation.
The issue of same-sex marriage in the context of immigration law has recently come to the forefront of political attention. As the law stands, an illegal immigrant who enters into a state-recognized same-sex marriage is not afforded the immigration rights that are given to an immigrant in a heterosexual marriage.
The need for hiring a lawyer is rising these days, given that different circumstances that surface. Given the massive choices available on the net and in local markets, persons have to develop advance decision making skills to ascertain choice of the right lawyer.
We would, and regularly have, given the same advice to our clients, almost verbatim. Faithful application of these rules will reduce the cost of your divorce by 50%. Full credit for this content belongs to its original author, John E. Harding, and may be viewed by way of the following link: John E. Harding, Divorce Recovery 101.
Recent sexual abuse and assault charges against 55-year-old Pesure Alshahapy of Tucker, Georgia, could cost the man his livelihood and land him in jail, according to Atlanta criminal defense attorneys. Alshahapy, an Atlanta taxi driver working for Rapid Taxi, has been charged with sexually assaulting one of his passengers, a 16-year-old girl. Alshahappy has been jailed without bond since June 14th.
The most recent version of the Criminal law that applies to youth in Canada, the Youth Criminal Justice Act (YCJA), took effect in April 2003. Its predecessor was the Young Offenders Act (YOA) which came into force in 1984, and before that we had the Juvenile Delinquents Act (JDA) of 1908. The YCJA is longer and more complex than what came before, and is meant to address the problems found in the previous regimes......
Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court’s discretion in family law issues. A recent custody case at our firm shows some of the reasons behind a final decision proffered by the Court of Cassation. A married couple living agreed to a mutual divorce in 2004, and filed accordingly in the Family Court.
Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this particular area of law, the Court is awarded a great deal of discretion, but it is important that their decisions remain consistent. Normally in child custody cases, the Court’s consistently award custodianship to the parent that will best serve the child’s needs.
The Community Development Authority (CDA) of Dubai has recently drafted a new child protection policy, which protects children, investigates abuses against their rights, and provides government services to families and children believed to be in danger.
The vast deserts, the bustling cities, and the enormous skyscrapers of the United Arab Emirates eclipse the comprehensive legal system that accounts for the everyday workings of daily life. For those living in the country and those that understand the ins and outs of the system, it is a magnificent organism that details the protection of its inhabitants.
In this day and age, with easy access to travel, parental child abduction has become increasingly widespread. Parents forum shop for the perfect place in order to the keep their child. The United Arab Emirates happens to be one of those places.
Several states across the country are moving to tighten the laws on choking and strangulation by making it a felony charge. Several states across the country are moving to tighten the laws on strangling. A much debated topic, choking and strangulation is one of the top domestic abuse crimes, but is not considered a felony by many states.
In the state of Florida, divorce is more officially known as “dissolution of marriage”. Either spouse can file for divorce, as long as specific requirements are met. Below are some frequently asked questions about the divorce process in Florida.
When you consider the fact that Jacksonville, Florida has multiple military bases including the Naval Submarine base, King's Bay, that puts Jacksonville third in the nation in having the largest military presence. Because of this huge military presence, many Jacksonville residents must understand how military duty sometimes affects family law issues one of which is the impact that military service has on child custody.
While many Americans have been hit hard by the recession, baby boomers and elderly Americans are increasingly more in debt than they have been for decades. A report from the Employee Benefit Research Institute shows that 81.7 percent of Americans aged 55 to 64 have both household and consumer debt. This represents an increase of almost 10 percent between 1992 and 2007.
Military officers and service members may face family law matters, just like their civilian counterparts. However, there are also other complex issues that a military member facing a divorce must deal with, such as pension, child relocation, retirement and the like.
Estate plans do not come in a one-size-fits-all product, and all estate plans need to be changed whenever certain life events arise. Divorcing or legally separating from your spouse is one of these events. If you believe you may be getting a divorce or separation, you need to speak to your estate planning lawyer so you can make the necessary changes.
Just what is the distinction concerning a lawful separation and a divorce? Which generally is better? Which probably must I pursue? These are widespread questions newly asked during the last few weeks. Domestic Relations Law (“DRL”) Article 11 methods for judicial separation of the couple without the need of dissolution of their partnerships. Given that the passing of “no fault” divorces, the use of legal separations has been declining rapidly.
When you are enjoying your prime earning years you have a certain amount of financial power. Once you retire you may find yourself living on a fixed income with little flexibility available to you. As a result you must look ahead toward the future when you are still working and plan ahead intelligently so that you can enjoy your retirement years to the fullest without any financial concerns.
In a small majority of states, adult children of elderly parents may be required to pay for the parent's long-term care expenses if the parent is not able to. Thirty states have what are called filial responsibility laws. These laws require the children to pay for their parent's nursing home expenses. Though they have rarely been enforced, they apply if an elderly parent is considered indigent and the adult children are able to pay.
Children and teens convicted of crimes face the prospect of being unfairly labeled as an offender during a time period when many experts believe their brains – and their resulting actions – are still developing. People love to classify and apply labels. It’s a natural human tendency.
Divorce is a difficult time in anyone's life, and is a route that is only taken after much thought and deliberation. Although many attempt to prepare for the consequences of a split, some of the financial implications are often overlooked.
If you have worked hard all of your life, and are at the point where you are starting to think about your golden years you are probably counting on Social Security retirement benefits to fund at least a portion of your golden years.
If you have recently lost a parent, you are undoubtedly going through the grieving process that follows such a deep loss. The loss of a parent is never easy. If you are also concerned that something is not right about her Last Will and Testament, your grief is likely also joined by worry.
We all get frustrated with people when we are driving down the road and they are not paying attention and just blabbing away on their cell phones, or when someone rudely answers their phone in a quiet movie theater and begins to have a conversation. Unfortunately, the majority of the population now has access to a cell phone.
Many people are unaware of probate courts and what they do. If you've begun your estate planning efforts you may know that probate courts are responsible for supervising the estate administration process, even though they also do a lot more. Though each state court has different responsibilities, let’s take a look at some of the more common matters that probate courts handle.
Married couples planning on divorcing sometimes under estimate the extent to which the divorce will impact their estate plans. Not only will you have to change key documents such as your will and your advance directive, but you may also have to create additional estate planning tools to protect your property and ensure the divorce will not cause problems with your estate plan later.
In some situations, a married couple may decide to separate legally, instead of divorcing. While a legal separation contains very similar provisions to a divorce there are certain estate planning concerns that legally separated couples have that a divorced couple does not. It's important to speak to your estate planning attorney if you plan on getting a legal separation.
Pursuant to s. 19(1) of the Ontario Family Law Act both spouses (married not common law spouses) have an equal right to possession of the matrimonial home. That is, both spouses of equal right to reside in, use and enjoy the matrimonial home post-separation regardless of whether title to the home is joint or in one spouse’s name solely.