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Month: October 2021

Common Terminologies Used in Estate Planning

October 12, 2021

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Tuesday October 12th, 2021.

Understanding the concepts of estate planning can be difficult and exhausting. First, you face difficulty while setting the tempo. Even if you get the hang of it, the extensive range of terminologies used in estate planning can make it harder for you to grasp the concept. Before getting into any field where you lack relevant knowledge, it is always recommended to get in touch with an expert who can guide you through the particular terminologies and the estate planning procedure. 

Here are some of the most repeatedly used terminologies, which will certainly help you go through a simple estate planning document.

Decedent

This term indicates the deceased person whose will is to be considered in front of the authorities. 

Beneficiary

The word ‘beneficiary’ indicates the person who is the authorized person to deal with relevant matters. In the cases of estate planning, the beneficiary is the person who receives control over the deceased’s possessions such as property, money, or other assets. This person can be a spouse, children, or other relatives (if mentioned in the will).

Executor

The executor is the person trusted to execute all the instructions written down by the decedent in their will. In most cases, this executor is a trained attorney. However, it can also be a relative or a friend. 

Testator 

The person assigned to pen down the will for the person in question is called a testator. While testator refers to a male writer, testatrix is a female writer.

Conservator

The court appoints a conservator for someone who is disabled, either mentally or physically, to take care of their assets and set up a will for them to be executed after they pass away. 

Power of Attorney 

If the relevant person in question cannot attend court hearings and deal with other formalities in an estate planning decision, a power of attorney is given charge to deal with all such aspects on behalf of the decedent. 

The Law Office of Wickersham & Bowers deals with all kinds of cases associated with Estate Planning. Contact now or get in touch with our 24/7 customer live support to know more. 

How is Child Support Determined in Divorce?

October 12, 2021

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday October 12th, 2021

When parents split, the divorce settlement indicates who the children will reside with, and the child support also concludes the circumstances under which the other parent would meet the child. Parents frequently need to work out such arrangements, either voluntarily or with the help of their attorneys. However, if they cannot come to an amicable agreement, the court may step in to make the best decision in the child’s favor.

Matter of Consideration in Child Custody Decisions:

The court evaluates several variables while selecting who will receive custody. Although it can be challenging to ascertain, the court is focused on what will be the best option for the child. The parent who has been the primary caretaker is often the deciding factor. If the children are of legal age, the court will consider their wishes while making a custody judgment.

Some common factors influencing the court’s decision are as follows:

  • Interaction and relationships with other family members
  • Child’s age and their sex
  • Parent’s mental and physical health
  • Religious or cultural concerns
  • Stable home environment
  • School and community adjustments
  • Evidence of drug or alcohol misuse
  • Excessive parental discipline or emotional abuse

Types of Joint Custody Agreements:

Once the investigation ends, the Judge will decide between the following two custody types:

1. Joint Physical Custody

Joint Physical Custody entails the child living with both parents for “substantial periods”. The children will have “regular and continuing contact” with each parent.

However, this does not imply that the child has to spend equal time with both parents. The child would spend half of their time with the primary custodial parent.

2. Joint Legal Custody:

Joint Legal Custody is when both parents decide to share the right and obligation to make significant decisions for their child with mutual understanding. The decisions made may include:

  • Childcare costs or schooling
  • Child’s residence
  • Religious entities or activities
  • Health issues

Some differences may occur during the process of making these decisions, which may necessitate the court’s involvement.

Need Assistance? Contact Us Today:

The fear of losing your beloved child can cause severe and long-lasting anxiety. Thus, you must seek the assistance of a knowledgeable attorney to guide you through this challenging procedure. Contact us today to get a quote.