My Family Attorneys

What Is A Durable Power Of Attorney?

Estate Planning Lawyer

A durable power of attorney document is one of the most important parts of your estate plan. It allows you to appoint someone to make decisions for you in the event that you become incapacitated. If you fail to appoint someone, your family and friends may not have the authority to make decisions for you, which could result in a judge appointing a person for this task. This is why you should speak to an estate planning lawyer for help.

Power of Attorney Misconceptions

Unfortunately, the legal issues surrounding durable power of attorney are often misunderstood. Below are some of the most common misconceptions about durable power of attorney:

  • I can create my own power of attorney online – While there are options available to create a power of attorney online, these documents are not one-size-fits-all. Using a cookie-cutter program online may not cover specific situations that you need to address. An estate planning lawyer will be able to ensure that your wishes are taken care of in the manner you want.
  • Once I create a durable power of attorney, I will never have to do anything with it again – These documents need to be updated regularly. You may change your mind about who you want to handle your business, laws may be updated, or your finances may change. All of these things may require updates to your durable power of attorney.
  • I should not make my power of attorney active until I become incapacitated – While the timing of a power of attorney is a personal preference, waiting until you are incapacitated can require at least one doctor and sometimes two to determine whether you cannot make decisions for yourself. If there is an emergency situation, a doctor may not be willing to sign off that you are incapacitated, so you may wish to address the situations in which your power of attorney will become effective.
  • I am young, healthy, and have no assets, so I do not need a power of attorney – Every person that is over the age of 18 needs to have a durable power of attorney. None of us know when something catastrophic could happen, and we need to have a plan in place in the event we become unexpectedly incapacitated. Failing to have documents in place can result in time-consuming and expensive court actions.
  • A durable power of attorney survives death – This is a common misconception, but durable power of attorney documents are terminated upon death. This means that whoever was granted authority by the power of attorney loses that authority upon your death. A durable power of attorney will, however, remain in effect if you are incapacitated.
  • I can sign a power of attorney if I am legally incompetent – This is absolutely not true. That is why it is important to be sure that you and your family members have a power of attorney put into place before anyone is found incompetent or incapacitated. Waiting until you or your loved one are already incapacitated is too late and will require court action instead.

Contact an Estate Planning Law Firm

If you have questions about power of attorneys or any other estate planning questions, contact an experienced attorney, like an estate planning lawyer from the Law Group of Iowa.

3 Reasons You Need a Divorce Lawyer

Divorce Lawyer

No one wants to go through a divorce. On top of that, many people think that representing themselves is far better than hiring a lawyer. The truth is, the filing process for divorce is complicated and can get confusing quickly. There are times you can get away without having a lawyer but more often than not having one at your side makes this process easier. 

Your divorce is going to depend on many factors, and those factors can make things complicated. Having a trusted and experienced lawyer at your side can give you a sense of security that you may not have without them. Although you may not need a lawyer there are three reasons why hiring a divorce lawyer can benefit you. 

3 Reasons to Consider a Divorce Lawyer

  • Unfamiliar with Family Court 

No matter where you are, a judge will hold you to the same standards as a lawyer if you decide to represent yourself in court. While most judges are fairly patient if you don’t know what you are doing then you could push them past the breaking point. This is where a divorce lawyer comes in handy. They know the laws and what to do through the whole process. They can help you through the process and even help you while you speak. Saying or doing one thing wrong can jeopardize your whole case. 

  • Lawyers Provide Objective Advice 

Divorce is a highly emotional time for both parties. There are a million feelings you could be going and through and adding on the law can make things worse. The heightened emotions can cloud judgment and that can break your case. A lawyer is there to provide you with objective advice, even if you don’t want to hear it. They are there to remind you to keep your emotions in check and let them handing the tricky stuff. A good divorce lawyer will let you know if you are being unreasonable and they create a buffer between you and the other side. 

  • Paperwork 

No one wants to do paperwork, no matter the job. Divorce requires a ton of paperwork that needs to be completed on time and that can get confusing. Depending on your situation you may not be able to get all the details you need on time and that can weigh in on your outcome of the case. A lawyer is going to be able to fill out the paperwork correctly and get your case moving. They can also make sure you have all the information you need to make things run as smoothly as possible. 

Going through a divorce is hard. If you are looking for a divorce lawyer in Rockville, MD then consider talking to a trusted lawyer at the Law Office of Daniel J Wright. Don’t hesitate and contact us today to learn more about what we can do for you. 

Things to Consider in a High Net Worth Divorce

high net worth divorce lawyer

High Net Worth Divorce Lawyer

When you and your spouse decide to end your marriage, it is one of the most difficult decisions that you can go through. The divorce process can take a long time, and if you are going through a high net worth divorce, there are significant expenses and other implications involved. To receive the guidance you need, you should turn to a trusted high net worth divorce lawyer like one from Robinson & Hadeed as soon as possible. The best course of action you can take is to make sure that you have strong legal representation so that you are protected. 

Before you move forward with the next stages of the divorce process, there are several things that you should consider. 

Costs Will Be Higher

In a high net worth divorce, assets are a main factor but they are not the only things that are considered. In addition to assets, your taxes and other financial obligations may be impacted.  

There is no way to avoid high costs in a high net worth divorce. Depending on the types of assets you own and how your assets are distributed, you may be paying more in taxes. Because you have many different types of assets, talking to a lawyer alone will likely not be adequate. If you have multiple accounts or stocks for example, your case may be more complex. It is best to speak with various professionals who can advise you in different areas. 

Identify All of Your Assets

You are required to list all of your assets in a dovrce. The assets will be divided as either community or separate property. It is better to have your assets identified and assessed as soon as possible. Not disclosing assets can have further legal and financial consequences. If there is a disagreement between you and your spouse over how assets are valued, then you may need to bring your issue to court and have a judge make a decision. 

Properly Value Assets

A lawyer will assign a value to all of your assets by comparing it to the current value on the market. It can be tricky to determine the right value that an asset should have. Usually a lawyer will turn to a third-party to assess your assets, especially if you have items that fall under a unique category such as antiques or special artwork. The professional will decide how much each asset is worth. If you are not sure how to identify your assets, go to a lawyer for assistance.

If you are going through a divorce, schedule a consultation with a high net worth divorce lawyer such as  Robinson & Hadeed today. 

Wrongful Termination from Your Job: FAQ

Employment Litigation Lawyer

FAQ: Have I Been Wrongfully Terminated?

If you believe you have been wrongfully terminated, it is important that you take swift action to resolve the issue. Perhaps you might not know if you have been wrongfully terminated but suspect it. In truth, you should speak with a lawyer about the facts of your case. A knowledgeable lawyer will ask you questions about your case, such as what happened, and make an assessment based upon the information and details you provide. The following are three very important questions to consider when it comes to wrongful termination. 

Were You Given a Reason for Your Immediate Firing?

In general, an employer does not have to explain why they chose to fire an employee. However, it is common for an employer to do so. They might even give the employee a termination letter that explicitly includes the reason in writing. Common reasons for firing include unsatisfactory performance, company restructuring, or misconduct in the workplace. 

Is the Reason Accurate or Truthful?

If you were given a reason for your firing, ask yourself is it true? Naturally, you may be inclined to deny what has been said. So, try to be objective. For example:

  • Were you harassing another employee?
  • Were you stealing things?
  • Were you absent without leave?
  • Did you fail to perform your work duties?
  • Did you argue with your supervisor?

Depending on the circumstances of your situation, your potential misconduct does not necessarily mean you don’t have a wrongful termination claim. Other factors might also be considered. These include:

Were You Treated the Same as Other Employees?

Was another coworker, who was of a different race or gender, fired for the same type of misconduct?

Was your position advertised after firing you based upon the need to reduce their workforce?

In many wrongful termination cases, employers have been found to give false reasons for firing the employee or gave different reasons at different times. False or inconsistent reasons may suggest an ulterior motive. When this is applicable, more often than not the reason for the firing is not legal. 

Were You Complaining Too Much?

If you were fired for engaging in protective activity, you may be able to pursue a wrongful termination claim. This includes reporting illegal behavior, complaining about being harassed, reporting discrimination, asking for medical leave, or for filing a grievance with the union.  Regardless of what the issue might have been, it is generally your right to make a complaint about something that you believe is wrong or illegal. Should you be fired shortly after you make a complaint, there could be grounds for a wrongful termination claim. You may contact an employment litigation lawyer in Washington, D.C. at Eric Siegel Law for more information about how to proceed.

Can the Amount of Child Support Change?

Can the Amount of Child Support Change?

Child support is calculated when parents no longer live together. It applies to any couple who share children, including those who have never legally wed.

Life events through the years may require the adjustment of child support to go up or down. Is this done through the court or between the parents? Take a look at how a child support modification often comes about, and some of the reasons why people seek them.

Who Gets Child Support?

Parents need to be able to take care of their children, even when they are no longer together. States offer child support services to help calculate and receive payments from the parent who is required to pay. How do you know which parent should be paying child support? The easy answer is that the parent who does not have primary physical custody of the children should be providing financial support to the one who does. Even if a couple shares legal custody of the children, only one receives the primary parent designation. This also means that this person’s address is the one that dictates school zoning.

How Is Child Support Calculated?

Each state has its own guidelines for calculating child support. However, the same information is typically required to get started. First, the income of both parents is required. Next, the amount of child care and medical insurance/care for the children is credited to the person who pays it. For instance, if one parent carries medical insurance and pays daycare, then that parent gets credit for that, and the other parent must reimburse their proportionate share. Many states have a table that gives the basic child support amount they believe children need. Depending on each parent’s wages, they are assigned a proportionate share of that support obligation. Once a baseline is established, the state may take into account the number of days a parent has physical custody of the children. If they both share in this equally, the payment may be very low or non-existent.

What Necessitates a Change?

States have baseline adjustments that need to be met before they consider a modification. For example, Florida will not adjust the amount of child support up or down unless it is greater than a 15% change. Getting a modification may require submitting paperwork through the state or the court system. Sometimes, a parent needs an adjustment due to a change in job or financial situation. Other times, the cost of a child’s care may increase due to a health problem.

When seeking a child support modification, it is a good idea to contact a family lawyer for assistance. While it is not required, it may be beneficial to look for family lawyers from a firm like The McKinney Law Group.

Are Solutions Available When Parents Struggle to Catch Up on Missed Support Payments?

Are Solutions Available When Parents Struggle to Catch Up on Missed Support Payments

A few years ago, the New York Times published a high-profile article about the cycle of missed child support payments that too many American parents find themselves affected by. The article illustrates just how precarious certain child support arrangements can be. At the extreme end of the spectrum, parents who habitually miss child support payments find themselves facing jail time. When imprisoned, they lose their source of employment. When they get out of jail, they find themselves without steady income and hampered from obtaining a new position by their arrest record. They then are unable to pay their child support obligations again and end up back in jail.

As a child support lawyer, from a law firm like the McKinney Law Group can explain, not all missed child support payments result in such extreme circumstances. However, habitually delayed or delinquent payments can add up over time. If a court feels the need to intervene, parents who owe outstanding support payments may face jail time, loss of professional and/or driver’s licenses, fines, wage garnishment and a host of other consequences. As a result, it is critically important for parents who are behind on their support payments to speak with an experienced family law attorney. Lawyers with experience in this area of law may be able to help parents catch up on their delinquent payments and/or modify their current support orders while mitigating the consequences traditionally associated with missed child support.

Modifications and Enforcement

In general, it is possible to modify existing child support orders when a parent, a child and/or a family has been dramatically affected by a change in circumstances. For instance, if a parent suddenly becomes seriously ill or disabled and is no longer physically able to work at the same capacity he or she used to, this may serve as grounds for a reasonable modification of existing child support orders. However, such modifications are generally only approved when co-parents agree to them and/or a significant change in circumstances has occurred since the orders were originally issued. Also, voluntary loss of income does not generally result in reasonable grounds for modification.

If a modification is not appropriate in your situation but you remain eager to catch up on overdue payments, please consider connecting with an attorney. A host of legal options may be available to you, depending on how your state handles such situations.

Child Support Assistance Is Available

If you have questions about modifications specifically or child support more generally, please do not hesitate to schedule a consultation with an experienced family law attorney. The law requires parents to provide for their children. But the family legal system also tries to accommodate parents who are struggling as a result of extreme circumstances. Although it is not generally possible to discharge outstanding child support debt, it may be possible to catch up on missed payments and/or modify your existing child support payment schedule while mitigating the consequences usually associated with delinquent payments. Speaking with an experienced family law attorney may provide you with the support and legal guidance you need in order to get your feet back underneath you and to get your child access to the financial resources he or she is entitled to.

Do I need a lawyer to modify child support?

 

 

Our road in life can have many twists and turns. We may start out going in one direction and end up going in a vastly different one. Sometimes the changes are significant enough that the ordered child support no longer makes sense for the current circumstances. In that case, the child support agreement may be amended.

 

The amount of child support is generally based on a percentage of the paying or non-custodial parent’s income. If the parent is not able to pay much at the time of the original order but later earns much more, that would be a legitimate reason to amend the support order. The same could be true in the reverse circumstance when the payer is no longer able to maintain the original obligation of the support payment. Though it is advisable to consult an attorney before the agreement is settled upon, it is not a required step in the process of amending a child support agreement.

 

Agree on the Change

The first step to changing the order is to agree on what the change will be. It is not difficult if the parents are both working only for the best interests of the child and have had an amicable split. Unfortunately, this is the exception rather than the rule. Even when both parents are committed to doing what they feel is right for the child, the parents may have differing views on what that means.

 

Request a Hearing

Once there is an agreement, you will have to request a hearing in the same court that approved the original order. A judge will want to understand the change in circumstances and how that affects the child. The judge needs to make the best decision for the well-being of the child and will rule accordingly.

 

Get Approval by the Judge 

Once the judge has heard from both parents and reviewed the new agreement, he or she can make the final decision. If both parents are in full agreement, it may merely be a formality to approve the changes. If not, the judge will have to hear from both parents before making a ruling that determines the final order. Either way, without approval by the judge, the old agreement must be adhered to until the judge sees a contract that reflects the best interests of the child.

Even though child support agreements may be done without legal counsel, it is not usually advisable. A licensed child support attorney can advise you of your parental rights under your state laws. For questions regarding child support, contact a lawyer, like a divorce lawyer from The McKinney Law Group, today. 

Common Reasons a Couple Gets Divorced

Common Reasons a Couple Gets Divorced

Common Reasons a Couple Gets Divorced

Divorce

Divorce is a topic that not too many people enjoy discussing. The reality though is that quite a few marriages, nearly half in fact, typically result in a divorce. It is important to realize this statistic moving forward in order to prepare for the possibility that this could happen to you. While no one wants to hear that, the statistics reveal that is a smart thing to think about. 

Most Common Reasons for Divorce

There are a variety of reasons that a couple’s marriage ends in a divorce. Some of these reasons could be personal, financial, both or more. Here are some of the more common reasons that people get divorced:  

    • Loss of Intimacy – When the relationship seems to have lost its spark no matter what you try and do.
    • Loss of Trust & Lying – Lying varies from topic to topic, but most relationships are built on trust and repeated lying over time can lead to complete loss of trust in the relationship.
    • Infidelity – When one spouse emotionally or physically cheats on the other. This leads to loss of trust and possible irreconcilable differences. 
  • Financial Troubles – Issues over money and how one spends it and on what can lead to big troubles in a marriage.
  • Communication – These issues could start from small disagreements that turn into bigger ones over time. 

If you are dealing with some difficult issues in your marriage and are wondering about your options, then it may be time to discuss these matters with a divorce lawyer. They generally can offer some useful insight with their experience and make your potential divorce much smoother to handle. 

What to do Next

If you are dealing with any of these issues, there is no reason to panic. You can still try and communicate with your spouse about the issues at hand and if you both are able to listen to one another and seek out help, then the marriage could still be saved. If you have tried everything and you don’t think the marriage can survive, then divorce may be an option. 

Legal Representation

Legal representation has assisted numerous individuals and couples through their divorces. It may be in your best interest to seek out a qualified and experienced divorce lawyer who can help you out with your divorce. Divorce lawyers can talk you through the financial aspects of divorce, the family changes and more. 

Child Custody Issues

As couples with children move through the divorce process, they often struggle to find common ground when it comes to child custody issues. In fact, custody quite often is one of the most contentious and emotional issues that parents must deal with during a divorce.

When parents can’t reach an agreement on custody arrangements, it may be helpful, if not necessary, for experienced child custody attorneys to step in and help. When one parent appears to be especially demanding and unwilling to compromise, an attorney with strong negotiating skills can be helpful in defending the interests of the other spouse and the children.

Defining Physical and Legal Custody. Of course, it’s easiest and often best for all involved when the parents can reach an agreement on the percentage of time each parent should spend with the children and how physical and legal custody should be addressed. Physical custody focuses on where the child will live, while legal custody establishes which parent can make decisions pertaining to the child(ren)’s education, medical needs and extracurricular activities.

Custody Arrangements. When it comes to custody, a judge could decide to:

  • Award sole legal custody and sole physical custody to one parent.
  • Award sole physical custody to one parent and joint legal custody to both parents.
  • Award joint physical and legal custody to both parents.
  • Award sole legal custody to one parent and joint physical custody to both (though this occurs very rarely).

Parenting Plan. When one parent is given primary physical custody, a parenting plan must be reached that addresses the non-custodial parent’s visitation rights. The plan usually covers where the child will spend his/her birthday, vacations and various holidays. In addition, a “handoff agreement” is sometimes needed that will set the times and locations where the child will be transferred between parents.

Changes in Custody Arrangements. Once the court has issued a child custody order, the agreement remains in place unless both parents agree that changes are needed or if certain circumstances take place requiring a change. This typically happens when an older child wants to spend more time with the non-custodial parent than the child custody order permits.  

While you might be able to resolve some issues in your divorce without an attorney, you really can’t afford to risk losing time with or access to your child/children – especially if your spouse has hired a custody attorney.

 

Tips to Follow After An Auto Accident

Experienced personal injury lawyers understand that being involved in a serious auto accident can be a frightening and traumatic event. You have the right to file a claim if you have been hit by a negligent driver who caused your injury. To avoid committing errors that may result in your case getting dismissed, you should know what to do if you are injured and follow the correct procedure. 

A skilled car accident lawyer like one from The Law Firm of Frederick J. Brynn, P.C. encourages individuals to follow these important tips so you can keep your rights protected and improve your chances of obtaining the highest compensation amount you deserve. 

Seek a Medical Evaluation

A medical report is one of the best pieces of evidence in an auto accident case. Refusing a medical evaluation is not recommended because it puts you at a disadvantage and may cause your claim to get thrown out. Insurance companies may also argue that you didn’t suffer from serious injuries so your claim is invalid, and may refuse to compensate you properly. 

Don’t Admit Fault

It is important that you stay silent about any part you may have played that led to the accident. Your words can be used against you in any type of legal matter. For example, if you are involved in a car accident and you apologize for partial fault, you can jeopardize your chances of filing a claim or earning payments for damages. Even if it’s true, only mention such details to your attorney. You can remain silent if anyone ever confronts you with questions regarding fault. 

Collect Photo and Video Evidence

If your condition allows you to, take photo and video evidence of the location where the accident occurred. Record the accident site as well as the area around the vehicle, such as other damaged property, debris, and skid marks on the pavement. Document the extent of damage caused so you have an accurate idea of the costs of repairs or if the vehicle is a total loss. If you are not able to record or take photos, have someone else take them for you. 

You should not have to suffer the consequences of an accident that you did not cause. If you are concerned about paying for expenses such as medical costs and property damage, you can rely on a lawyer to inform you of recommended actions and support you through your ordeal. Speak to an experienced and admired personal injury lawyer today to begin the claims process.