Author: WB Admin

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.

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.

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