Author: WB Admin

Myths about Collaborative Divorce

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday July 12th, 2022.

The benefits of collaborative divorce are numerous. It enables you and your spouse to control the process and make all crucial choices. You can decide where and with whom your children will reside as well as how the marital estate will be divided. The outcome is a customized divorce agreement made by you and your spouse — not a judge.

However, because collaborative divorce is relatively new, a few myths are circulating about the process. This article will bust some of the three biggest ones:

Myth: I need a “bulldog” lawyer

Most people think of divorce as a nasty process and think they need an attorney that is ready to get dirty.

The truth is, you don’t need to pit yourself against your former spouse during the divorce process. While defending you, your collaborative lawyer won’t disparage your spouse. Instead, you, your spouse, and both your lawyers collaborate to find solutions to the problems brought on by your separation.

Myth: We need to be in complete agreement

Like any other divorcing people, couples that go through the collaborative process have arguments and problems in their marriage. Throughout the process, a group of experts will collaborate with you and your spouse to identify practical answers to those issues. The only requirements are your honesty, trustworthiness, and willingness to bargain in good faith to discover solutions that benefit your family.

Myth: Collaborative divorce is expensive

Although a collaborative divorce will cost you money, a contested divorce will cost more. Each spouse typically hires a lawyer and a divorce coach in a collaborative divorce. A financial expert and a child evaluator are two examples of impartial experts that the parties jointly hire. If necessary, mediation sessions can be planned and are also beneficial. While that may sound like a large and expensive team, a collaborative divorce avoids the costs of going to trial.

Is collaborative divorce right for you?

Collaborative divorce can assist you and your spouse with respectfully resolving any differences. You will collectively divide the family’s assets in a way that both parties find acceptable and establish a custody schedule that will pave the way for a successful co-parenting relationship. 

Contact us for a consultation if you would like to discuss the collaborative divorce process further.

The Dangers of DIY Estate Plans

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Tuesday July 12th, 2022.

DIY projects are popular, but is DIY estate planning a good idea? 

Do-it-yourself estate planning has become increasingly popular in recent years — especially since a global pandemic has people worrying about the future in new ways. DIY planning seems like an excellent way to save money. People often think grabbing forms from the internet will be sufficient. However, there are some reasons why this is one area where doing it yourself may not be the best option. 

Does It Meet Your State’s Requirements?

Each state’s estate planning laws are unique, and the rules that apply from year to year can change significantly. Unfortunately, there is no real way to verify if a DIY estate plan you download from the internet complies with your state’s laws, even if it promises to do so. 

Most websites that provide do-it-yourself estate planning disclaim any liability for any paperwork that doesn’t function appropriately after settling your estate. On the other hand, an estate planning law company assumes full responsibility for the documents they design and will be on hand to help if any problems occur. They are available to testify in support of your objectives should it be required. They can review the notes they took during your discussions with your beneficiaries after your death.

It’s More Than Just a Will

Most people mistakenly believe that having a will is all that is necessary to establish an estate plan. Even if you create a DIY will that is legal and complies with state regulations, it’s unlikely that it will be sufficient to meet your estate planning needs. Wills are only one component of a comprehensive estate plan.

Besides, wills are usually not a one-and-done situation.

Wills require updating. You must update your will to reflect any changes resulting from having children, getting married or divorced, or acquiring a sizable sum of money. It will be much simpler for you to make these modifications if a professional is accessible to assist you.

Get the Help You Need

In the end, assurance that your legacy is safeguarded motivates most people to make an estate plan with an experienced attorney instead of relying on internet research and DIY forms.

Who Decides Where The Kids Will Go to School?

Posted on by WB Admin

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

Who Decides Where The Kids Will Go to School?

School-age children are required to get an education in a public, private, or home school setting. If a child attends a public school, the residential living area determines where the child will attend. However, knowing where the kids will attend school becomes slightly more complicated if you and your spouse are divorced.

If one parent has custody of the child for the majority of the time, the kid will most likely attend school in that parent’s school district. However, if both parents share 50/50 custody, a decision must be made. 

If you and the other parent cannot reach an amicable decision on where your child should attend school, you may need to seek legal assistance. A skilled child custody attorney can help, especially if the court will be involved in the decision.

Factors the court will consider:

  • if the parent exhibits school system knowledge and has looked into the alternatives
  • if the custodial parent shows cooperation with the non-custodial parent in decision-making processes
  • the logistics of getting the children back and forth to school 
  • the ability to express the reasons why the school is the best choice for the child

What If I Am Left Out of School Decisions?

You can give the court order showing your parental rights to the school. The teachers and administration must involve you if you have a court order that provides you access to your child’s school information and gives you decision-making power.

Will the School Correspond with Both Parents?

In most cases, it is the responsibility of each parent to contact the school and establish communication channels. The custodial parent is not responsible for ensuring the non-custodial parent is kept informed.

Does the Non-custodial Parent Have to be Listed as an Emergency Contact?

When one parent has sole physical and legal custody, the other parent does not have to be listed as an emergency contact unless the court order mandates otherwise. 

If you and your former partner need assistance making school decisions for your children, you should consult with an attorney that is well-versed in these decisions. Making decisions regarding schooling should be handled efficiently in order to have the most negligible negative impact on the children.

Mistakes Parents Make When Naming Guardians

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Thursday June 9th 2022.

When putting together your will, one thing that must decide if you are a parent is what happens to your children should the worst happen to you and your partner. Your estate is one thing, but the well-being of your children is quite another! Should you become incapacitated, pass away, or otherwise unable to provide for your minor children, your will should include the names of suitable legal guardians you have chosen to care for them.

While it is a difficult thing to consider for any parent, the importance of the task makes it one of the more significant life decisions. Before naming a guardian, consider these mistakes many parents make.

Naming a Couple 

Some parents name a couple to raise their children if a guardian becomes necessary. However, what if you don’t want both members of the couple to raise your children? It is important to specify your wishes for your children’s guardianship should the couple be broken up or one of them passed away. 

Failing to Prepare for Short Term Needs

It is good to appoint short-term guardians to look after your child until your long-term guardian can take custody. An interim guardian, such as a nanny or trusted neighbor, can temporarily assume guardianship of your child and offer immediate care in the event of an emergency. If the police are contacted, and you don’t have temporary guardians, your child may be taken from your house and placed in protective custody.

Documenting Too Few Details

Everyone has different views on how children should be raised. Do you have a school in mind for your children? What about a particular diet? Religious beliefs? Your appointed guardian should respect your wishes as a parent, but they can’t respect them if they don’t know what they are.

Not Appointing a Financial Guardian

Often, parents forget to designate someone to manage the money they are leaving behind for the children. If you’re leaving money behind — which you should be, even if all you have is a life insurance policy — you should put it in trust for your children and appoint a trusted person to handle your children’s finances until they come of age.

What Happens to a Mortgage After the Owner Dies?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday May 8th, 2022.

Though you’re probably preoccupied with a million other things after a loved one has died, you’ll have to address one crucial topic: “What happens to the house?”

A will or probate is often used to determine who gets a home when a homeowner passes away. But what about a house with a loan on it? Are your relatives liable for your mortgage debts if you pass away? What happens to the surviving family members who are still living in the house?

The word mortgage is derived from a French term that means “death pledge” — meaning a mortgage does not simply vanish when the lien holder passes away. The lender still needs to be paid, or they will likely foreclose on the home. If the property has outstanding home equity loans or lines of credit, the same rules apply. A mortgage is a lien that lasts until the loan is paid off, even if the borrower passes away.

Who Assumes The Payment?

If a mortgage has a co-borrower or co-signer, the solution is straightforward: the other party can keep making payments on the loan.

If the deceased has a surviving spouse, federal law permits them to take over the mortgage instead of paying the full total back to the lender. They will need to show financial ability and creditworthiness, however.

If the deceased leaves the title to someone else, this person only acquires the title to the property, not the mortgage. The inheritor has no personal obligation to make loan payments until the assuming process is completed because the person’s credit isn’t tied to the loan installments. They aren’t legally obligated to repay the loan.

If none of these scenarios apply and no one takes over the mortgage, the mortgage servicer will begin the foreclosure process.

Have the Conversation

Numerous things go into end-of-life preparations. It’s crucial to think about how your choices today will impact your loved ones once you’re gone.

Consider any other debts you may leave for your family after you die, in addition to your mortgage. Although discussing your mortality isn’t often the most uplifting issue, doing so now may provide you and your loved ones with some peace of mind in the future.

Reasons You Need a Prenuptial Agreement

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday May 19h, 2022.

A prenuptial agreement defines the parameters of your finances before marriage, including property rights and more. A lawyer should thoroughly review every prenuptial agreement, with one attorney representing you and the other representing your future spouse.

You may think prenups are only for people with substantial financial resources. However, if any of the following apply to you or your situation, a prenuptial agreement should be discussed.

One (Or Both) of You Has Children

A prenuptial agreement should be considered if one of you had children from a previous marriage or relationship.

Prenuptial agreements can be written to protect your children’s assets and future earnings. This property or income might ordinarily be considered part of the marital estate and so be divided. A premarital agreement ensures that children’s inheritance and future maintenance are not entangled in the divorce process.

There is Substantial Debt

Debt is an unfortunate aspect of life, and people can carry their debt into the marriage. The non-burdened party is unlikely to want to be saddled with an enormous bill should the marriage go sour. 

A prenuptial agreement can help limit one partner’s exposure to the debts of the other. Any agreement should spell out each partner’s individual debts and assets prior to the marriage, allowing for a clear distinction between those debts and debts incurred by the couple during the marriage.

Someone Plans to be a Stay At Home Parent

In the event of a divorce, it might be difficult or impossible for one party to re-establish their profession or financial footing after pausing or giving up their work to raise their children. A prenuptial agreement protects stay-at-home parents’ interests in marital assets. It ensures that these agreements are documented in the event that the marriage breaks and their profession is put on hold. 

One of You Has Pets

Including pets in your prenuptial agreement is normal, especially if the pets are costly. This will ensure that any animals you share with your spouse are returned to their rightful owners if the marriage ends in divorce. Although pet ownership is rarely a point of contention in divorce proceedings, some people do use it as a negotiating tool.

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