Author: WB Admin

What are the Issues that Can Invalidate a Will?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Tuesday February 21st, 2023.

Drafting a will is not an easy task. There are many mistakes that can invalidate your will. Since a will acts as your last message towards your family, it is essential to ensure that it is written carefully, leaving no room for confusion. Listed below are some common mistakes people may make while writing their will.

A Holographic Will

Some states consider a holographic will valid, but most do not. It is a handwritten will without any witnesses. You can create this will if it is acceptable in your state, but make sure to research first. Florida neither recognizes nor permits holographic wills.

Having Previous Wills

You may change your will multiple times during your life because of changing circumstances. But make sure that you destroy every copy of your previous will whenever you draft a new one. Having previous wills can cause many troubles for your family.

Insufficient Testamentary Capacity

Testamentary capacity means the mental capability of the testator to create a will. Most states have a competency test that must be passed to be eligible to write a will. It includes understanding your relatives, the property you own, your selected beneficiaries, and what the will says and means. 

Having mental impairments, e.g., dementia or any other disorder, can invalidate the will. If it is suggested that you do not have enough testamentary capacity, make sure that you and your attorney have proper proof of your mental health, including reports and tests.

Fraud or Undue Influence

If the will is created through undue influence or fraud, the court immediately invalidates it. Common fraud situations include getting a fake will signed by the testator without their knowledge or a nonfamily member forcing the testator to make them a part of the inheritance.

Not Following State Laws

Many states have different requirements and languages to create a will. You must abide by all the guidelines to make sure that it is not invalidated. Following the law is an essential part of writing your will. The mandatory information in a will usually includes a statement from the testator, a list of all the heirs, and the personal representative.

Do Grandparents Have Visitation Rights?

Posted on by WB Admin

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

Visitation rights can include different ways the grandparents may be restricted from visiting their children. It can be due to divorce or separation between their parents. It can also include restriction orders in the child’s best interest.

Grandparent’s Visitation Laws

Almost every state offers grandparents the right to request visitation rights from the court to maintain a good relationship with their grandchildren. State laws vary depending upon the circumstances under which permission is required.

In many states, grandparents are restricted from meeting their grandchildren and require a court order for visitation. This is usually when the parents are separating or divorcing, or one or both parents have died.

In other states, spearing parents have a right to restrict grandparents from visiting their children. Such restriction can only be done for the children’s best interest. But most states allow the grandparents to request visitation regardless of the separation or death of the parents.

Application Process for Visitation

Grandparents apply for visitation rights to the court. The application can be considered based on the nature of the application of contact, the relationship between the child and the grandparent, and the safety of the children. The court ensures that the grandparents must not be potentially harmful to the kids.

If one or both parents raise an objection regarding the grandparent’s request for visitation, a proper hearing will be conducted to resolve the matter. Both parties provide evidence during the hearing as to why or why not the grandparents should be in contact with the children.

It is essential for the grandparents to have professional legal assistance to convince the court that they have a good and healthy relationship with their grandchildren and should be granted the right to visit them.

The court considers all the aspects of the situation when it comes to granting permission. They must ensure that the relationship between parents and their children is not affected if the grandparents have visitation rights. The overall well-being of the child is the priority of the court. Most of the time, if the visitation request is denied, it is under extreme circumstances.

Can I Change an Alimony Agreement?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday January 16th, 2023.

Alimony, also known as spousal maintenance or spousal support, is the funds a spouse is obligated to provide to the other spouse after divorce. Alimony is different from child support in many ways. The reason is that you can change the authority of the court over the amount of support you will provide. In the case of child custody, the court can make modifications to the agreement.

Requesting Alimony Modifications After Divorce

There are many situations under which a person may request a modification in alimony. Under certain circumstances, the court accepts the modification. Such circumstances can be due to any financial emergency, bankruptcy, etc. Financial emergencies can be in the form of substantial medical bills that a party has to pay because they are not covered by insurance.

Make sure that if you request a change in spousal support, you must have a legitimate reason for it. If there is no proper evidence behind your request, it will only lead to a waste of money, time, and resources. A simple complaint that you are not receiving enough funds or you suddenly feel like you are paying too much will not convince the court to follow through with the modification.

Apart from that, there are circumstances under which spousal support can be terminated. It is only possible if the receiving spouse starts living with another partner who is providing more than the previous partner. In that case, the dependent spouse no longer needs financial support from the previous spouse.

Another situation under which spousal support can be terminated is if the receiving spouse remarries. The spousal support agreement is immediately removed when the receiving spouse remarries because they are not dependent anymore. An alimony agreement also gets terminated by the court if one of the spouses dies.Change in the alimony agreement can be requested based on two conditions. Either there is a significant change in the income of the giving spouse or a significant change in the needs of the receiving spouse. Either way, proper evidence and a fact-based request are required to convince the court to proceed with the hearings.

A Guide to Lawsuit-proofing your Estate Plan

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Tuesday January 17th, 2023.

Many people plan their estate for their heirs beforehand so that their assets are distributed equally. However, planning beforehand does not ensure that your estate plan will stay protected from lawsuits. With the help of a proper estate planning attorney, you must ensure that your estate plan is devised correctly and cannot be questioned based on any injustice or illegal activity.

How to Lawsuit-Proof Your Estate Plan

Some of the ways to lawsuit-proof your estate plan are listed below.

Treat Siblings Equally

You have to treat all the heirs equally when formulating your estate plan. You attract legal constraints when you cut off an heir or your sibling from the estate plan. Even if you have kids from second or third marriages, you must research and abide by all the laws regarding the distribution of your estate.

Keep Track of Loans and Advances

Loans and debts can lead to many complications if not appropriately stated. If you loan money to one of your heirs, you have to decide beforehand if you want it to be repaid or discharged at your death. Make sure to put your decision in writing or in contract form.

Transfer Business with a Contract

When deciding what to transfer to your siblings or children, you often decide that the businesses are distributed to different children accordingly. When handing over a business to someone, make sure it is in contract form. Carry out the process with written signatures and proof of the transfer.

Check Ownership of What you Leave

When you are leaving your children a part of your estate in your estate plan, make sure you have complete ownership of those assets. At times, due to jointly owned property, there can be confusion regarding the ownership and how the property or assets will be inherited.

Spell Out Disinheritance

If you are excluding any child of ours from the estate plan willingly, make sure you write it clearly in the estate plan. If you do not mention the disinheritance, you can face legal concerns regarding why the legal heir was not included in the will.

Can I Move Out of State with My Children After the Divorce?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Friday December 9th, 2022.

Divorce comes with many complications, and having children adds up to it. Usually, after divorce, you plan to move on with your life, but moving out of state can be tricky if you have children. The court primarily decides child custody based on the parenting plan.

It depends on whether you have sole custody, joint custody, split custody, or visitation right. It is easier to move states if you have sole custody of the children and can make decisions. Still, the terms must be decided in court.

Court Permission to Move Out of State

It is obligatory in many states to get permission from the court before moving to another state with your children. The request is accepted or rejected according to the modification order. Even if you have sole custody, you will still need the court’s permission before moving out of state.

In most cases, you need to get permission from the other parent in order to get the request accepted. If both parties agree to this decision, granting permission from the court is merely a matter of filling out the necessary documents. The agreement papers are included in the modification plan and reviewed and signed by the judge.

If the other parents object to the move, it may become difficult to convince the court. However, avoid using written agreements between both parents without court permission. If the other parent changes their mind in the future, it can cost you a whole trip back to the original state.

What to do If the Other Parent Objects?

The court grants permission for the move under different considerations.

  • It will be easier to move if the move is mandatory and due to employment purposes. Assuring the court with a better income and lifestyle for the children helps you even more.
  • If the visiting time of the other parent is less, e.g., a few times a month, the move becomes easier.
  • If the state you are moving to is near, e.g., a couple of hours away, it can also help you get permission from the court.

How to Recognize Fraud in Estate Planning?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Friday December 9th, 2022.

Frauds and scams are becoming common these days. Many fraud cases in estate planning are being reported, and unlike other scams, estate planning scams can cost you everything you have. Older adults are the most vulnerable group of people prone to these types of fraud.

It becomes very challenging to leave a will under such circumstances. Hence one should have backup plans and appropriate measures to track fraud and scams from agencies, family, or friends.

Measures to Track Down Fraud

There are a few measures one can take to track down any kind of fraud. Whether it is a changed will, misinterpretation, or unequal distribution, you must know the basics to identify fraud in these situations.

Removal from Will Without any Reason

The most apparent indicator of fraud in estate planning is if someone is unexpectedly removed from the will without any genuine or particular reason. It is best to keep checking on the lawyer if this happens.

Contrary Will

The best way to avoid fraud in estate planning is by discussing your will and future plans with family members or a trusting friend. Most people prefer to keep their will and inheritance plan between them and their estate planning lawyer. 

But, discussion with family members can serve as a good way to track fraud in the future. Family members being aware of the inheritance plans prevents any kind of fraud from happening in the first place.

Unequal Distribution

Another way to track fraud is if you notice that one heir is getting more from the will as compared to others. This most likely means that the heir is involved in fraud by coordinating with the estate planning lawyer because it is not usual for a person to favor one heir and discriminate against the others. 

Secretly Signed Will

We all know the importance of witnesses in law. Make sure that you sign your will in the presence of a trusting person. If the lawyer presents an unknown will that no one knows about, it is likely that the will was generated on false claims and is part of a scam.

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