Author: WB Admin

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.

How to Choose an Estate Administrator?

Posted on by WB Admin

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?

Posted on by WB Admin

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.

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