Author: WB Admin

When You Have a Vaccine Dispute With Your Kids’ Other Parent

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday February 10th, 2022.

Doctors encourage parents of children aged 5 to 11 to get their children vaccinated against COVID. Both parents must sign off if you’re divorced and share custody. However, a poll shows that roughly a quarter of U.S. parents do not want their kids vaccinated. How should parents navigate the issue if one is for the vaccine and one is against it? 

Look at Your Papers

Your first step should be to review your custodial order and final divorce decree. The two of you may have already laid the groundwork for these types of decisions. 

In addition, if one parent was given sole legal custody, that parent has the ability to make the final decision on the vaccine question.

Seek Legal Advice

Should you and the other parent have joint legal custody, the decision will need to be made together. If a consensus feels impossible, seeking the assistance of a family law attorney may be the best solution. You can request mediation, or you can ask the court for help coming to a resolution. 

Going to Court

If you go before a judge, there are a few things that you will need to do to prepare for your case. 

  • Present evidence: You and the other parent will both have the chance to support your position on the vaccine with evidence. Your opinion is not considered evidence. You will need documentation from your child’s medical provider or testimony from medical experts. 
  • History of involvement: Before considering your stance on the vaccine, the court will take a look at your level of involvement in your child’s medical care. If one parent makes the majority of medical decisions for the child, the court is likely to weigh that parent’s wishes more heavily. 
  • Religion: Religious reasons for objecting to the vaccine will be considered by the court, but it is unlikely that this will be the sole factor in the court’s decision. 
  • Your child’s testimony: Older children, fourteen years old and above, will likely be asked for their own opinion regarding vaccination. The court may consider an older child’s wishes when making a decision. 

Steps to Take After a Spouse’s Death

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Thursday February 10th, 2022.

A period of unspeakable sadness follows the death of a spouse, but unfortunately, many legal and financial requirements cannot be postponed.

Taking on a to-do list while grieving is probably the last thing on your mind, so enlisting the assistance and counsel of a trustworthy family member, friend, or attorney to help you sort things out and provide emotional support is a smart option.

You may also want to seek the assistance of your financial, legal, and tax professionals. They can often assist you with many of the responsibilities, allowing you to concentrate on your loss. 

Here are five things that will need to be done shortly after the death of a spouse:

Request Certified Copies of the Death Certificate

Certified copies of your spouse’s death certificate will be required to claim benefits or transfer accounts into your name. Request at least a dozen or more copies from the funeral home. To prove you were married to the deceased, you may also be required to provide verified marriage certificates.

Gather Financial Records

Begin gathering financial documents, such as bank records, bills, credit card statements, tax returns, insurance policies, and any outstanding mortgages or loans, as well as retirement accounts. It could take time if your spouse doesn’t have a well-organized filing system. Remember, you may need to contact the corporations directly and give documentation of your spouse’s death in order to access their accounts.

Change Titles on Accounts

Accounts only in your spouse’s name should be closed, and the account holder’s information should be changed on all joint bank, investment, and credit accounts. You can request the necessary forms from your financial institutions.

Revise Beneficiary Designations

If you inherit a retirement account, such as an IRA, you can choose to roll it over to an IRA in your own name. You will want to speak with an attorney and a tax specialist to determine the best method for receiving your deceased spouse’s retirement account. You should also update beneficiary designations on such accounts.

Discuss Next Steps

A financial advisor can assist you in updating your financial strategy in light of the new situation. You can also talk about short-term adjustments, such as a budget, as well as long-term changes, such as your retirement plan and investment possibilities.

Co-Parenting and School Vacations

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday January 10th, 2022.

It pays to prepare ahead, whether you’re thinking about the impending holidays or want to make co-parenting with your ex go more smoothly next summer. If the two of you work together to come up with a co-parenting plan that works for everyone, you’ll have a higher chance of co-parenting peacefully.

Co-parents should consider various aspects of arranging time and collaborating over the holidays, including the children’s ages, family customs, and religious views. Additional considerations include how well the parents get along and the kind of relationships the parents have with each of the children. It’s critical to honor the traditions that are significant to each of them.

It would help if you also considered what happens during other school breaks throughout the year. For example, if one parent takes the kids on vacation during spring break, the other parent might receive the bulk of winter break.

Make it Official

Your holiday plans should be outlined in the custody agreement you reached during your divorce. The agreement should spell out how school breaks—winter, spring, and long weekends like Memorial Day, Labor Day, and others—will be spent and allocated from year to year. 

You might also want to discuss what will happen on religious holidays that your family observes that aren’t on the school calendar. If you’re going to keep your usual parenting routine over the school break, you should specify that in your contract. If you don’t, the other parent can subsequently ask a court to decide whether the child should be split or alternated.

Attorneys can help to avoid conflicts by establishing explicit guidelines in the parenting plan or custody agreement.

Every family is unique, and every divorce falls somewhere along the amicable-to-acrimonious spectrum. To eliminate any potential confusion down the road, your plan should be clearly spelled out. Some plans are highly explicit and include set dates, such as Mom getting the third week of June and Dad getting the third week of July. Others may simply specify that each parent will have one week and that all dates must be finalized and communicated by a specific date.

Parents should make every effort to adhere to the schedule.

Who Will Take Care of My Children and Their Inheritance if the Worst Happens?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday January 10th, 2022.

When you’re young, healthy, and beginning a family, you may not think about estate planning, but your child needs you to make decisions now that will ensure a secure future for him or her, even if the worst happens.

There are a few critical estate planning actions that every parent should take to ensure that their child is secure, no matter what the future holds.

Make a Will

Making a will is crucial for parents, but did you know that each parent should have their own legal will? Even if generating only one document may be more efficient, a joint will doesn’t make much sense.

A shared will ties the survivor to the original terms, leaving little room for the surviving parent to make revisions if circumstances drastically altered.

Name a Guardian

Your will should name your spouse or partner as the guardian of your children, and their will should name you. Having it written down prevents someone from stepping forward and challenging your children’s custody.

If both of you die or the surviving partner is unable to care for the children, you will need to have an alternate guardian. The most difficult task for parents is deciding on a guardian. It’s difficult to envision anybody else raising your children, yet it’s one of the most crucial things you can do to assure their future happiness.

Set Up a Trust

A child trust fund allows you to decide what your children will receive and when they will receive it. A trust fund is a place where you can keep the assets you want for the beneficiaries you pick.

The trustee is legally accountable for the child trust fund’s management and must fulfill your desires precisely as stated in your will.

For example, you might wish to give your child a lump sum of money on their 18th birthday or want them to inherit one of your most valuable things after you die.

How Do I Adopt My Grandchild?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Friday December 10th, 2021

When a child’s parents are officially separated, divorced, deceased, or unable to care for them, child custody rights dictate who will take over care of the child. The custodial parent is the name given to this person. 

The child’s needs, such as shelter, clothes, and food, are the custodial parent’s responsibility. Furthermore, the person given custody of the child is accountable for making critical life decisions on the child’s behalf.

In general, while assessing who should be granted custody rights, preference is given to the biological parents. Grandparents gaining custody of their grandkids is an uncommon occurrence. The court is the only one who may decide whether a parent is unfit to care for their child.

When Would the Court Give Grandparents Custody?

When the kid’s parents are either unable or unwilling to raise their child, a court may grant custody to the grandparents. 

The grandparents must show that they can raise the child; custody will not be given simply because they are the child’s grandparents.

The court will consider how long the parents have been unable to care for the child and whether the grandparents seeking custody have been caring for the child during that period. 

Things that would prove a parent unfit include:

  • Failure to provide a safe home
  • Endangering the child’s health or safety
  • Abuse
  • Neglect
  • Drug or alcohol addiction
  • Unable to care for the childe due to mental or physical disability 

For the court to grant custody to a grandparent, they would need to prove:

  • They are able to  financially care for the child
  • They are physically and mentally fit
  • The child wishes to live with the grandparents
  • An emotional bond exists between the child and grandparents

The court will assess if the petitioning grandparents are mobile and able to be present and active participants in the child’s upbringing to further clarify what they are asking for. 

The court will evaluate whether the grandparents are financially competent in providing for the child’s medical and day-to-day expenses while still meeting their own financial obligations. 

Finally, the court will consider how the child’s connection with other family members, particularly any living parent, may be affected if the grandparents are granted custody rights.

Terms You Need To Know Regarding Probate

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Friday December 10th, 2021.

If you are dealing with an estate in probate, it can feel like you need to learn a whole new language to understand the proceedings. To help you better understand the process, we have created a glossary of the most commonly used terms in Probate proceedings, except for the term “executor”. In Florida, an executor is referred to as a “Personal Representative”. 

BENEFICIARY: n. a broad definition for any person or entity (like a charity) who is to receive assets or profits from an estate, a trust, an insurance policy or any instrument in which there is distribution. There is also an “incidental beneficiary” or a “third party beneficiary” who gets a benefit although not specifically named, such as someone who will make a profit if a piece of property is distributed to another.

DECEDENT: n. the person who has died, sometimes referred to as the “deceased.”

EXECUTOR: n. the person appointed to administer the estate of a person who has died leaving a will which nominates that person. Unless there is a valid objection, the judge will appoint the person named in the will to be executor. The executor must ensure that the person’s desires expressed in the will are carried out. Practical responsibilities include gathering up and protecting the assets of the estate, obtaining information in regard to all beneficiaries named in the will and any other potential heirs, collecting and arranging for payment of debts of the estate, approving or disapproving creditor’s claims, making sure estate taxes are calculated, forms filed and tax payments made, and in all ways assisting the attorney for the estate (which the executor can select).

INHERITANCE TAX: n. a tax imposed on someone who inherits property or money.

INTESTATE: adj. referring to a situation where a person dies without leaving a valid will. This usually is voiced as “he died intestate,” “intestate estate,” or “intestate succession.”

PROBATE: n. the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. The first step is to file the purported will with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then “admits” the will to probate.

SETTLEMENT: n. the resolution of a lawsuit (or of a legal dispute prior to filing a complaint or petition) without going forward to a final court judgment. Most settlements are achieved by negotiation in which the attorneys (and sometimes an insurance adjuster with authority to pay a settlement amount on behalf of the company’s insured defendant) and the parties agree to terms of settlement. Many states require a settlement conference a few weeks before trial in an effort to achieve settlement with a judge or assigned attorneys to facilitate the process. A settlement is sometimes reached based upon a final offer just prior to trial (proverbially “on the courthouse steps”) or even after trial has begun. A settlement reached just before trial or after a trial or hearing has begun is often “read into the record” and approved by the court so that it can be enforced as a judgment if the terms of the settlement are not complied with. Most lawsuits result in settlement.

Insufficient knowledge about these legal proceedings may cause you huge losses. Therefore, having an attorney on your side in such matters is always recommended. For that reason, we are here to assist you every step of the way at Wickersham & Bowers.

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