Author: WB Admin

Untying the Knot: An Overview of the Divorce Process and Your Legal Options

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday May 9th, 2023.

Divorce can be an emotionally and financially taxing experience. Knowing your legal options available to you can make the journey less daunting. Here is an overview of the divorce process and its related legal considerations.

  1. Grounds for Divorce

Most states allow individuals to file for divorce on “no-fault” grounds, meaning you do not need to prove that either party was at fault. You also may be able to file on more specific grounds such as adultery, cruelty or abandonment.

  1. Residency Requirements

Before filing for divorce in any state, one must meet its residency requirements. These typically involve living there for an established amount of time prior to initiating proceedings.

  1. Legal Separation

In some states, you have the option to file for legal separation instead of divorce. Legal separation allows you to live apart while remaining legally married – an excellent solution if you’re uncertain whether to get divorced or need time to work through marital issues before making a final decision on either.

  1. Mediation and Collaborative Law

Mediation and collaborative law are alternative dispute resolution methods that can help couples avoid litigation. Mediation utilizes an impartial third-party mediator who facilitates settlement; collaborative law utilizes attorneys and other professionals in an attempt to reach an amicable agreement outside of court proceedings.

  1. Litigation

If negotiations, mediation, or collaborative law fail to lead to an amicable resolution between spouses, litigation may be the only solution to finding resolution. While litigation may be costly and emotionally draining, it may also be essential in order to settle issues related to child custody, spousal support payments, or asset division.

When contemplating divorce, it’s a good idea to seek advice from an experienced family law attorney. They can guide you through the legal process while protecting your rights and interests.

Wickersham & Bowers provides comprehensive family law services, such as divorce, child custody, support payments, spousal support payments and property division. Our attorneys recognize the emotional and financial strain that accompany divorce; therefore, they strive to assist their clients through this process with dignity and empathy.

Protecting Your Legacy: The Importance of Estate Planning for High Net Worth Individuals

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Tuesday May 9th, 2023.

Estate planning is vitally important for high net worth individuals looking to secure their legacy and ensure their assets will be distributed according to their wishes after they pass. Here are some benefits of estate planning:

  1. Protecting Your Family’s Financial Future

Estate planning helps safeguard your family’s financial future by outlining how your assets should be distributed among beneficiaries and can reduce tax liability for them.

  1. Control Over Your Estate

An estate plan gives you full control of your estate. Without one, the courts would distribute assets according to state laws rather than according to your wishes – creating an estate plan helps ensure that assets are distributed as desired.

  1. Protection for Your Business

Estate planning for business owners is even more essential. A detailed estate plan will protect your venture by making sure it continues operating successfully after you pass away and can include instructions regarding transfer of ownership and control to specific individuals or groups of people.

  1. Privacy

Estate planning provides privacy. Without an estate plan in place, your assets and how they’re distributed become public record. By creating one instead, your financial affairs remain private as you provide peace of mind during an already difficult period for your loved ones.

To protect your legacy through estate planning, here are some steps you can take:

  1. Create a Will

Establishing a will is the first step of estate planning. Your will should detail your preferences regarding asset distribution and caretaking responsibilities after your death.

  1. Consider a Trust

Consider setting up a trust to safeguard your assets. A trust will enable you to transfer ownership while still having control of them.

  1. Review and Update Your Estate Plan Regularly

Review and update your estate plan regularly, especially after experiencing significant life changes such as marriage, divorce or the birth of a child. Regular updates ensure that your estate plan accurately reflects your wishes while offering maximum protection to your assets.

Estate planning is essential for individuals with high net worth to secure their legacy and preserve assets after death, giving you peace of mind as well as providing peace for loved ones who depend on you.

Domestic Violence and Restraining Orders: Protecting Yourself and Your Family

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday April 11th, 2023.

Domestic violence is a devastating problem that impacts millions of people each year. It is an abusive pattern used by one partner to gain or maintain power and control over another person. Domestic abuse can take many forms, such as physical, emotional or sexual mistreatment. If you or someone close to you is facing domestic violence, take immediate action for yourself and your family’s safety.

One way to protect yourself from domestic violence is obtaining a restraining order. This legal document commands the abuser to stay away from their victim and refrain from contact. It may also include provisions like requiring them to live a certain distance away from their residence, workplace, or other places they frequent.

To obtain a restraining order, you must file a petition with the court. In your petition, you should describe any abuse that has taken place and why you need this measure. Additionally, evidence such as police reports, medical records or witness accounts may be needed to support your claims.

Once the petition is filed, a hearing will be scheduled where you have an opportunity to present your case directly to a judge. After reviewing all evidence, the judge makes an informed decision as to whether a restraining order should be granted. If granted, this order typically lasts between one and three years.

There are numerous advantages to obtaining a restraining order. Most importantly, it provides legal protection from the abuser and their actions. If they breach the terms of their order, they could be arrested and charged with a crime. Furthermore, having a restraining order gives victims and their families an increased sense of safety and security.

However, it’s essential to remember that a restraining order does not guarantee safety. An abuser could still violate the terms of the order or continue their abusive behavior. Thus, having a safety plan and taking other steps are paramount in protecting yourself and your family from harm.If you are struggling with domestic violence, there are numerous resources to help. The National Domestic Violence Hotline provides 24/7 support and assistance; local organizations may offer emergency shelter, counseling services, or legal representation. 
At Wickersham and Bowers, we provide experienced guidance and council when it comes to domestic violence. 

The Role of a Professional Estate Planner: What to Look for and Why

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Tuesday April 11th, 2023.

Estate planning is the process of making arrangements for the management and distribution of one’s assets in case of death or incapacity. It is a complex undertaking that requires careful consideration of legal, financial, and tax matters. That is why working with an experienced estate planner is highly recommended – they provide expert guidance and advice.

Professional estate planners provide clients with personalized plans that address their individual needs and objectives. This involves assessing the client’s current financial situation, recognizing potential issues or obstacles, and devising strategies to minimize taxes while increasing estate value.

One of the major advantages of working with an estate planner is their specialized knowledge and expertise in this area. They are familiar with all relevant laws and regulations related to estate planning, providing valuable insights into complex tax and financial matters. Furthermore, they help clients navigate through often confusing and intricate world of estate planning, making the process as stress-free as possible.

Another essential role of a professional estate planner is to assist clients in creating an extensive estate plan that meets all their requirements and concerns. This may include identifying beneficiaries, setting trusts, creating wills, or living trusts, managing assets, and preparing for incapacity or disability through durable power of attorney documents or living wills.

When selecting a professional estate planner, it is essential to look for someone with the appropriate credentials and experience. Ideally, you want someone who is either a licensed attorney or certified public accountant with expertise in estate planning. Furthermore, look for someone whose clients have achieved success with their estate planning objectives.

In addition to qualifications and experience, there are other factors you should take into account when selecting a professional estate planner. These include their communication style and responsiveness. You want someone who is approachable and able to explain complex legal and financial concepts clearly and simply.

Finally, a professional estate planner’s role is to give clients peace of mind and assurance that their assets will be managed according to their wishes. By working with an experienced and qualified estate planner, you can guarantee your estate plan is comprehensive, efficient, and tailored specifically to your unique requirements and objectives.

At Wickersham and Bowers, we provide guidance and council.  

What You Need to Know About Divorce and Division of Property

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday March 15th, 2023.

Divorce is a complex process that can be emotionally and financially draining. One of the most complex aspects of divorce is the division of property. When a couple decides to end their relationship and get a divorce, they must determine how their property will be divided. This can be a contentious and complicated process, but it is important to understand the basics of property division to ensure a fair and equitable outcome.

Steps to Follow for Property Division

The first step in property division is to determine what property is considered marital property and what is separate property. The property you acquire during marriage is marital property, including assets such as homes, cars, bank accounts, and retirement accounts. Separate property is a property that was acquired before the marriage or received as a gift or inheritance during the marriage.

Once the property is classified, the next step is to determine the value of the assets. This can be done through appraisals, market research, or other methods. It is essential to have accurate valuations of all assets to ensure an equitable division of property.

After the value of the assets is determined, the next step is to divide the property. There are several methods for dividing property, including selling assets and dividing the proceeds, dividing assets based on their value, or dividing assets based on need. The process of division will depend on the specific circumstances of each case.

It is important to note that property division is not limited to tangible assets. Intangible assets such as intellectual property, patents, and copyrights can also be subject to division. Additionally, a debt must also be considered in the property division. Debts incurred during the marriage, such as mortgages and credit card debt, must be divided just like assets.

In some instances, couples are able to agree on property division without going to court, such an arrangement is known as a settlement agreement, and it can save time and money. However, it is essential to consult with an attorney before entering into a settlement agreement to ensure that it is fair and equitable.

The Benefits of Lifetime Gifts in Estate Planning

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Wednesday March 15th, 2023.

Estate planning is an essential aspect of financial planning that involves making arrangements to distribute your assets and property after your death. While many people think of estate planning as something that they need to do towards the end of their life, there are several benefits to starting the process earlier, including the use of lifetime gifts.

Lifetime gifts are a popular estate planning tool that allows you to transfer assets to your beneficiaries during your lifetime. These gifts can take many forms, from cash and real estate to stocks and bonds. Here are some of the benefits of lifetime gifts in estate planning.

Reduced Estate Taxes

One of the most significant benefits of lifetime gifts is that they can help reduce estate taxes. When you give gifts during your lifetime, they are not subject to estate tax. This means you can transfer more of your assets to your beneficiaries without worrying about a significant tax burden.

Avoiding Probate

Another advantage of lifetime gifts is that they help your beneficiaries avoid probate. Probate is the legal process after someone dies, where a court oversees the distribution of their assets. Probation can be a lengthy and expensive process, and it can also be emotionally draining for your loved ones. By making lifetime gifts, you can avoid probate and ensure your beneficiaries receive their inheritance more quickly and easily.

Asset Protection

Lifetime gifts can also be used to protect your assets from potential creditors. If you transfer assets to your beneficiaries during your lifetime, those assets are no longer considered part of your estate. This means that if you face financial difficulties or are sued by someone, those assets will be protected and cannot be seized by creditors.

Simplifying Your Estate

Finally, lifetime gifts can help simplify your estate planning. By making gifts during your lifetime, you can reduce the complexity of your estate and make it easier for your beneficiaries to manage your assets after your death. This can help distribute your assets according to your wishes and avoid conflicts among your loved ones.

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