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Month: November 2022

How to Choose an Estate Administrator?

November 14, 2022

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday November 14, 2022.

When your loved one dies, you probably need assistance in settling his/her estate, loans, property, and other affairs. Whether you leave a will or not, some rules and regulations directed by the court need to be followed. Hence, it is essential to find the right person as an administrator that will handle your estate and property issues.

What is an Administrator?

An administrator is a person appointed for a deceased person in case he/she did not already have an executor to follow through with his will. The administrator is usually appointed by the court, or the family can select the person to deal with the will.

What to look for in an Administrator?

It can be very challenging for the family to select the right person that will be dealing with their family matters and the division of property. The following characteristics are considered important to be an administrator.

Objectivity

The person dealing with your family affairs and politics needs to be dynamic and logical. The person should be committed to putting your will into action and should be able to resist persuasion from certain family members.

Location

Many people would not consider this a priority, but your estate administrator being close to you highly affects how the will is put into action. The administrator should be close to you in order to know the local laws and be there in case of any emergencies.

Availability

The administrator should have a flexible schedule and ample time to tend to your affairs. Do not go for an administrator that has a lot of cases on his hands and cannot give your case the time it needs.

Willingness

Before choosing an administrator, make sure you ask them whether they are up for this duty or not. Make sure that they have time and will take full responsibility for your work. Ensuring this helps avoid any misunderstanding in the future.

Punctuality and Other Organizational Skills

The administrator should be there on time for your court meetings and other activities. They should also have promising emotional, communication, and interpersonal skills to deal with family members and the court.

Can I Change a Child Custody Agreement?

November 14, 2022

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday November 14th, 2022.

Your life can change drastically after a divorce. The circumstances under which you are raising your children can vary considerably. Sometimes, the situation requires a change in the parenting time and child custody agreement set by the court.

To simply answer the above question, yes, the child custody agreement can be changed. It can be requested by one parent or by both parents.

You must know that once the court sets the child custody agreement, it legally bounds the parents to follow that agreement. Hence a change in that agreement should be appropriately done through court.

Requirements for Modifying the Agreements

Child custody modification is easy as long as you have solid evidence to support it. Any drastic change in your life, e.g., a long-distance move due to a job, a permanent change in your job timings, any medical condition, or due to the child’s own preference.

But make sure that the change is in the best interest of the children. 

Steps to Follow

The first step is to fill out a request form for a change in order, along with the reason for the change. If you are modifying the existing order, enter the previous case number and attach essential documents like the child custody application form, school grades, letters from the counselor, etc.

File the application form and the documents to the court, along with paying the fees. The fee is usually paid by the parent requesting the application. Once you get a hearing date, mail a copy of that document to the other parent. 

The main objective during the court should be to explain the reason for changing the timings or custody agreement and how it is best for the children.

In Case of Mutual Agreement from Both Parents

In the case of mutual agreement from both parents, the matter can also be settled without going to court. However, doing that can cause misunderstanding in the future in case one parent decides to back off on the agreement.

Hence, it is best to settle this matter through court, where parents can mutually request the change for custody.