Author: WB Admin

Keeping Children Safe During Divorce Proceedings

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday August 11th, 2021

It can be difficult to know what is best for children or how best to keep them safe during an ongoing divorce. It is important to understand the rights and responsibilities that are in place from the moment a divorce petition is filed so that children are kept safe and both parties can come out of the divorce with their parental rights and relationships intact. 

Know the Rules During a Divorce 

Regardless of the situation, it is important to know that once a legal separation is granted and divorce proceedings begin, neither parent is allowed to take children out of the state in which the divorce is occurring. 

This is done to safeguard the children and to determine the state of the family at the time of the divorce. 

What this means though is that planned trips, vacations, or other activities may have to be put on hold while the process is ongoing. 

Be Honest and Forthright

It is important to include both parents in the divorce discussion and to be as open and honest as possible without blaming or shaming either parent during the conversation. 

It also helps to allow children to express their feelings and concerns as well as ask any questions they may have about what is going to happen moving forward. It is important to remember that while the divorce is going on, it’s not a good idea to discuss custody or living arrangements unless the courts have already made a decision regarding those facts. 

The goal is to make the process as smooth as possible for the children while handling the logistics of the divorce. 

Never Use Children as Intermediaries or Bargaining Chips 

Remember that the divorce should be settled by the parents, the courts, and the legal representatives on either side. This means that children should largely be kept out of the legal proceedings. 

Using the children to communicate with your spouse should never be an option. Neither is using your children to gain leverage or information on your spouse. 

At Wickersham and Bowers we know that divorces can be messy and painful endeavors, but that’s why it’s important to have the right legal representation to help make the process as simple and pain free as it can be. 

If you’re considering a divorce, contact us today for a consultation. 

Do You Need an Estate Lawyer?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Wednesday August 11th, 2021.

Planning an estate is both a sad time and a complicated time for many families. Depending on the size of the estate and beneficiaries involved, the entire process can feel overwhelming. While it is entirely possible to handle the planning of an estate on your own, there are dozens of legal matters that can come up that can make the entire process even more confusing and take much longer than it should. 

Here are a few things to consider when deciding whether or not you need an estate lawyer on your side. 

How Much Does the Executor Know About the Estate? 

When putting together an estate, there is always someone who is put in charge of all the finances, the assets, and the distribution of the estate. This requires not only an understanding of any wills or other instructions left for the estate, but a deep understanding of the finances surrounding the estate and how best to manage and distribute wealth for all parties involved. 

Because of tax laws surrounding inheritance, the age of the benefactors, and other issues, it is generally a good idea to have an estate lawyer there to assist with planning the estate. 

Are There Minors Involved? 

In the case where part of an estate is to be left to children under the age of 18 (or in some cases 21) then it is necessary for a conservator to be assigned. This person is responsible for managing the assets of the children until they reach legal age. 

Depending on the size of the estate, the way monies are assigned and divided, this can be quite complex and requires the aid of a trained legal professional to execute properly. 

Is Probate Necessary? 

In instances where there is not a clear line of inheritance or when assets are discovered outside the purview of the will, it is generally necessary for these items to go through probate. It is always advised to have a legal representative handle these matters as they can help prevent delays and make sure everything is processed properly. 

At Wickersham and Bowers we know how stress estate planning can be. That’s why we want to be there by your side to make the process as simple and easy as we can. 

Contact us today for a consultation. 

What to Do if You Suspect Your Ex of Neglect or Abuse

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday July 12th, 2021.

Separation or divorce from a spouse or partner is never easy, especially when there are children involved. You will want to maintain as civil a relationship with your ex as possible. However, what should you do if you are concerned your ex is neglecting or abusing your children? Here are some tips you need to follow before you call child protection. 

Think Before You Call

First, you need to make sure that you separate the grievances you have with your ex from any perceived problems your children are experiencing. Even if you can’t stand the sight of your ex, your children most likely don’t feel the same way. Your parenting style and their parenting style may not be the same either. Your kids may come back to your house after a weekend visitation and tell you that your ex let them eat ice cream for breakfast–although it’s not what you would do, it also isn’t really causing your kids any harm. 

There are warning signs you can look for if you suspect your ex is neglecting your children while they are with them. If you have concerns, begin keeping a record of events. For example, if your child comes back home dirty, unkempt, and in the same clothes you sent them in, you need to make a note of it. Children who are neglected often go without food as well, or they are left unattended for long periods of time when they are not old enough to care for themselves. Write down all the information your children tell you, so that you can go to police or child protection services if you need to. 

Neglect is a far different problem than abuse is. If your children come home with bruises, cuts, or burns that cannot be explained, you may need to take additional action, especially if this occurs each time your child visits your ex. You need to take into consideration normal childhood bumps and bruises. Children get hurt all the time, because they are so active. However, if there is a pattern of “accidents”, or if you child tells you the “accident” occurred because the other parent was angry, you may need to make some phone calls, especially if your child required a trip to the hospital. Of course, nearly every state, including Florida, mandates that doctors and other medical staff report any suspicion of abuse to child protection services. Once you have a list of concerns, you may need to contact a lawyer in addition to protecting your child. That way, you may be able to have visitation changed, so that your children are always under supervision. 

Circumstances Where Parents Become Dependents

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday July 12th, 2021.

Are you caring for your parent? Many adults in midlife are sandwiched between caring for teenagers and aging parents as well. Although no one wants to think there will ever be a time they will need to care for a parent, it happens far too often. If you are concerned about caring for one or both of your parents, here is some information you need to know about caring for aging parents. 

Aging Parent Dependents

There are several circumstances that would make an aging parent become a dependent. First, your parent may begin to rely on you for their income, because they do not have enough money saved up, or they have spent all the money they had saved for retirement. If you are contributing more than half of your parent’s income, you can claim them as a dependent. 

You may also be able to claim your parent as a dependent if they are no longer capable of making decisions themselves. For example, you may be named a guardian for your parent if they are diagnosed with a progressive neurological disease, such as Parkinson’s disease or dementia. Some diseases will render your parent unable to care for themselves, and you’ll need to step in. Your parent may also be mentally ill with a disease or disorder, such as bipolar disorder or schizophrenia. 

There are other events that may make your parents dependent on you. If your parents is suffering from the effects of a physical problem or injury, they may need your help. For example, your parent may have had an automobile accident, or they may have suffered a stroke. The lingering effects may mean you have to care for them. If you are concerned about your parents ability to care for themselves, there are some things you can do. First, if your concern for them is new, you may want to take them to the doctor to allow a medical professional to determine whether they are declining. Second, make a note of your parents ability to care for their daily needs. It may be that all they need is a little help during the day, such as a reminder to take medicine. You can hire people to check in on your parents. Still concerned about your aging parents? You may need to consult with their doctor and your attorney to make sure you and your parents are living the best life possible. 

Can You Get a Divorce if Your Spouse Just Up and Left?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday June 14th, 2021.

Can You Get a Divorce if Your Spouse Just Up and Left?

When one spouse walks out on another, severs all ties, does not take care of their share of financial obligations, and has no intention of returning, this is called marital abandonment, or desertion. Abandonment is quite different from a separation, which occurs when a married couple agrees to separate, either temporarily or permanently. Separation is not abandonment unless the spouse that leaves refuses to provide support or take care of financial obligations without cause. In some states with fault-based divorce, this is known as “willful desertion,” and comes in two types.

Criminal Abandonment

Criminal abandonment occurs when one spouse no longer provides for the care, support, and protection of the other spouse who has health problems, or a minor child, without “just cause.” As an example, if your spouse came down with a terminal disease and you did not feel you could continue to take care of them, the court will not accept this position as grounds for divorce.

Constructive Abandonment

When one spouse makes it intolerable for their spouse to stay, the person leaving can claim constructive abandonment. Being abusive, having a chronic addiction, or adultery could be used as a claim for constructive abandonment.

Claiming Abandonment

Before you can claim abandonment as grounds for divorce, you have to make sure your state allows abandonment as grounds. Some strictly no-fault states will not allow you to use abandonment as a legal tool.

To use abandonment as grounds for divorce, you will have to prove to the court that abandonment really took place. You will need to prove, as the plaintiff, that the defendant left your home and has failed to meet their financial obligations for the required period of time in your state. You must also prove there was no just cause for your spouse to leave, for things like abuse, addiction, or adultery.

If you feel you may have been abandoned by your spouse, or if you aren’t sure and would like to talk to someone to clarify your situation, contact the Law Office of Wickersham & Bowers. Schedule an appointment with one of our attorneys today.

Who in the Family Could Possibly Challenge Your Will?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday June 14th, 2021.

The number of people who can contest a will is limited. Only someone who would be personally and financially affected by the terms of a will may bring a lawsuit to challenge the will’s validity. Someone in this position is considered to have “standing” by the courts. With this in mind, how does someone stand to contest a will?

Possible Heirs That Were Disinherited

Someone so closely related to the person who passed that they would have received a portion of that person’s estate if they did not have a will is known as an “heir-at-law.” Heirs-at-law are usually considered to have standing to challenge a will.

Beneficiaries Mentioned In A Prior Will

If a person (or an entity) was named in a previous, older will, this would provide sufficient standing to contest the newer will if it removes them from the document. They would also have standing if their share of the estate was smaller in the newer will. In the same way, if an executor of the estate was in the older will but removed in a subsequent will, that person will likely have standing to contest the newer will.

In each case above, each person listed would still have to demonstrate the will in question is for some reason invalid.

Who Cannot Contest A Will?

If you are not a beneficiary in a previous will, or not an heir-at-law, you are unlikely to have legal standing to challenge a will. This applies even if you believe the will is not valid. Minors are another group that usually cannot have standing to contest a will. In most states, however, a parent or guardian is permitted to challenge a will on a child’s behalf.

What Should You Do?

Contesting a will is complex series of laws. If you are considering contesting a will, your first step should be to consult a lawyer that specializes in these kinds of probate matters to see if you may have grounds. Contact the Law Office of Wickersham & Bowers to set up an appointment with one of our experienced lawyers.

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