Author: WB Admin

What Are the Risks of Not Having a Will or Trust in Place?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday August 26th, 2024.

The risks of not having a will or trust in place are far-reaching, and they go beyond just creating complexities concerning the continuity of your estate. It leaves your loved ones vulnerable to exploitation, especially because of the potential lawsuits that can drag on for years in court. Recognizing these risks is important for anyone who thinks about dying intestate and then taking proper steps to have a will or trust in place. 

Here’s a list of potential risks if you have no will. 

Your Family Has No Control Over the Distribution of Your Assets

If you don’t have a will or trust in place before your demise, your loved ones will not have the ability to distribute your assets peacefully. The state intestacy laws will take precedence and assign heirs to your estate based on some generic legal formula. The outcomes of this legal formula may not address the specific needs of your family, especially if the appointed heir blows through the family fortune in a few months. 

Ugly Family Disputes that Can Damage Your Pristine Reputation

If you don’t leave a legally defined plan for your estate’s continuance after your passing on, you will be creating a perfect recipe for ugly family disputes. The disputes will not only leave your family divided in different directions; the disputes will damage a reputation that took you years to build. In addition, your family will pay dearly for these disputes when they end up in court. 

Probate-Related Complications

Not having a will or trust in place will create complications during probate. It will take your family a longer time to complete the legal process of administering your estate, pay debts, and distribute your assets amongst all beneficiaries. It is even worse when disputes arise during the process. 

Problems with Legal Guardianship and Care Decisions

Not having a will or trust in place will negatively impact any minors you leave behind after your demise. Making arrangements for legal guardianship for these minors will be harder, which exposes them to all forms of abuse. You will not only protect their interests, but it also acts as the instrument for appointing suitable guardians who will put their interests first. 

Safeguard Your Legacy

Given that none of us is guaranteed to live forever, it is only prudent to prepare a will or trust to provide your loved ones with a proper means to facilitate the distribution of your estate after your passing on. Contact Wickersham & Bowers today to discover how we can help you secure the future you envision.

Legal Steps for Establishing Paternity

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday July 18th, 2024.

Generally, paternity is the official recognition of a father-child relationship. Once recognized as a father, a person becomes eligible for custody and visitation rights and can legally make decisions for the child. In other words, they assume the obligation to contribute to the child’s upbringing.

Steps to Establishing Paternity

While the specific procedures are different from state to state, here are the common steps to establishing paternity rights in the U.S.

Signing the Birth Certificate

The easiest and most cost-effective way to get recognized as a father is to sign the child’s birth certificate. Birth certificates are legally valid documents, and the father listed on a birth certificate is typically conferred with paternal rights unless proven otherwise. In some states, signing the birth certificate is a simple and straightforward process, while some states require the parents to sign an Acknowledgement of Paternity (AoP) if they’re unmarried.

Taking a DNA Test

If there are doubts as to who the real father of a child is, the alleged fathers can proceed to perform DNA testing, either before or after the child is born. DNA tests are usually 99.9 percent accurate and can be used as evidence in court. A DNA test can be voluntary on the part of the father or it can be ordered by the court.

Court-Ordered Paternity

Generally, courts seek to act in the best interests of the children involved in paternity suits. As such, a court can designate paternity through administrative processes if it considers the other options to be untenable. This usually happens in cases where a child was born when the parents were legally married. 

A court may also consider someone to be a father if they have acted in a fatherly capacity in some way. This may be in the form of financial support. In such a case, DNA testing may not be necessary to assign paternity.

Talk to a Family Lawyer

At Wickersham and Bowers, we offer legal assistance for all paternity and family law matters. Call us today and schedule a consultation with our family law attorney.

4 Essentials of a Great Estate Plan

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Thursday July 18th, 2024.

Estate planning does not start and end with a will. To ensure your designated beneficiaries are well-protected after you pass on, you need to have a clear and detailed road map of how your assets will be transferred. Here are four essential documents you should consider:

A Comprehensive Will

When crafting the will, be sure to name an Executor to avoid costly legal battles among your beneficiaries. You may also want to determine the guardianship of your non-financial assets, such as your pets, art collection, and young children, in your will. To be sure that your will remains valid, draft it with the help of a seasoned Estate Planning attorney.

A Living Trust

While the will kicks on after you pass on, a living trust is a powerful tool that can help you manage your assets while alive and ensure a seamless transfer after your death. As the name suggests, the assets in a “living” trust will still be under your control until you pass on. 

The primary advantage of having a trust is that all the assets under it are not subject to the probate process. Probate processes are not only time-consuming and costly to your beneficiaries but are also carried out in public courts. 

The Power of Attorney

A great estate plan does not just cover the death aspect but also goes as far as outlining the steps to be taken if you become incapacitated. In such a case, you would need someone you trust to take charge of your financial and legal decisions. That is essentially what is called the power of attorney. You can designate an Attorney-in-fact to take charge of all your life decisions or limit them to specific actions.

Letter of Intent

Letters of intent are not legally binding. However, they can help clarify your wishes further, particularly when it comes to things like burial arrangements and distribution of your sentimental items.

Contact Us

Whether you need to draft a will or establish a trust, you can rest assured that Wickersham and Bowers will deliver. Call us today to talk to our estate planning attorney.

What Is an Uncontested Divorce Settlement Agreement?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday June 17th, 2024.

A divorce can be a lengthy, complex, and expensive legal battle, taking a toll on your health, emotions, and finances. Fortunately, divorcing couples can opt for less-straining divorce proceedings. One option is an uncontested divorce settlement. A divorce attorney can help determine if an uncontested divorce is a practical route to consider.

Understanding an Uncontested Divorce Settlement

An uncontested divorce is a legal process where both spouses amicably agree on all aspects of ending their marriage without going to trial. The divorce settlement agreement covers legal issues such as child custody and support, marital property distribution, debt repayment, alimony, and grounds for divorce. While an uncontested divorce doesn’t usually go to trial, a judge must approve your settlement agreement and sign your divorce decree.

Eligibility Requirements for an Uncontested Divorce Settlement

An uncontested divorce settlement agreement is a quick and straightforward way to get divorced. However, not all couples are eligible for an uncontested divorce. The court will not grant an uncontested divorce if one party does not agree to the divorce or complete the filing process. You can only qualify for an uncontested divorce if both parties agree to the divorce and there are fault or no-fault grounds for divorce. The settlement agreement must be fair and in the best interests of their children. The couple must meet the waiting period, filing, and residency requirements to be eligible for an uncontested divorce settlement.

Benefits of an Uncontested Divorce Settlement

The benefits of an uncontested divorce settlement agreement are numerous. It is quick and straightforward, especially if both parties agree. It also helps couples save on costly divorce proceedings and preserve an amicable relationship as they work toward a common goal.

Get Legal Help With an Uncontested Divorce Settlement Agreement

While uncontested divorce settlements do not go to trial, you still need the services of an experienced divorce attorney for legal guidance and to ensure a favorable outcome. Your attorney will draft and review your settlement agreement to safeguard your legal rights and interests. Our attorneys at Wickersham and Bowers can help you get through an uncontested divorce settlement agreement. Contact us today to schedule your free consultation with our lawyers.

The Role of Guardianship in Estate Planning

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday June 17th, 2024.

Estate planning is a critical process involving the transfer of your assets and estate after you pass away. Writing a will or setting up a trust can help avoid conflicts between beneficiaries after death. Estate planning involving minors or incapacitated beneficiaries includes the nomination of a guardian. You or the court may appoint a guardian to care for your children when you pass away. A guardian is a custodian who oversees a deceased’s estate on behalf of beneficiaries, protecting their interests. Here are the roles of guardianship in estate planning:

Managing Inheritances and Assets

A guardian oversees the distribution and management of your property and assets on behalf of your minor or incapacitated heirs after you pass away. In most cases, the guardian is responsible for managing their ward’s finances, assets, and property until the beneficiary turns 18. Guardianship for incapacitated adults ends when the beneficiary regains their ability to manage their inheritance. Only the court can settle, close, or extend the guardianship after addressing all pending business.

Making Decisions on the Beneficiaries’ Needs and Well-Being

Guardianship in estate planning is not just about managing the deceased’s property and assets on behalf of the beneficiaries. It also involves making critical decisions about the beneficiaries’ education, healthcare, and upbringing. Guardians have a duty of care. The appointed guardian caters to the ward’s welfare and overall well-being, aligning with the deceased’s wishes and preferences. For this reason, choosing the right guardian is more critical than ever.

Providing a Status Report

A guardian is responsible for executing your estate in line with your wishes. Most guardianships have guidelines specifying the management of your estate and the guardian’s limitations. With this in mind, the law requires guardians to provide annual reports of the ward’s estate, financial accounts, and well-being to the court or relevant legal party to reinforce transparency.

Get in Touch With Us

Our dedicated attorneys at Wickersham and Bowers provide personalized estate planning solutions aligning with your needs. Our guardianship lawyers offer personalized guidance when appointing a guardian for your estate. We can also help you prepare legal documentation, ensuring guardians do not overstep their limitations and that beneficiaries receive their rightful inheritance when you pass away. Contact us today to schedule a free consultation with our team.

Rights and Benefits of Divorced Military Spouses

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday May 20th, 2024.

Unlike civilian divorce, which is guided by state law, military divorces have unique legal considerations. In particular, divorces involving active duty members of the military are guided by the Uniformed Services Former Spouses Protection Act (USFSPA). The Act is a federal law, and it outlines both the divorce process as well as the rights and benefits of divorced military spouses. 

Financial Benefits

The primary aim of the USFSPA was to determine how disposable retirement pay for military employees should be handled in divorces. According to the Act, a service member’s disposable retired pay is considered marital property, just like in civilian divorces. However, the Act leaves it to the court to determine the former spouse’s specific share based on factors like marriage duration and service length.

Additionally, the USFSPA introduces a system known as the 10/10/10 Rule. The rule states that a service member’s former spouse may be eligible to receive retirement pay directly from the Defense Finance and Accounting Service (DFAS). The marriage duration must be at least 10 years and has to overlap with at least 10 of the service member’s years of service.

When it comes to child support, the USFSPA leaves it to civilian courts to determine how much a service member’s income can be garnished. However, the Act limits child support deductions to 50% of a service member’s disposable retired pay.

Healthcare Benefits

The healthcare benefits of a divorced military spouse are provided by TRICARE, the military’s health insurance program. A divorced spouse of a service member can receive TRICARE benefits if their marriage met the 20/20/20 Rule. That is, the marriage lasted at least 20 years, the service member served at least 20 years, and there was at least a 20-year overlap between the two. If these conditions are met, the divorced spouse may get to keep their military ID cards and get full health benefits.

Notably, a former military spouse can keep their health benefits even if they don’t meet the 20/20/20 rule. For instance, the spouse may also keep their benefits if they are disabled or have a child with a serious medical condition.

We Can Help

Getting through a divorce is not easy, but you don’t have to go through it alone. Our dedicated team of divorce attorneys at Wickersham and Bowers can help you determine and subsequently pursue the benefits you qualify for. 

Contact The Law Office of

Wickersham & Bowers

    Let's Talk
    About Your Legal Matter

    Contact Us