Uncategorized | Tough Divorce Lawyers

April 21, 2021 by Tough Divorce Lawyers

LIVING TRUST FAQs

Wondering if you need a living trust? A lot of people think trusts are only for the rich but that’s just not true. Experienced attorneys understand that a living trust is about helping, protecting, and providing for yourself and your family for generations to come. Learn more about what a living trust can do for you!

What is a Living Trust?

A living trust is an entity created during the Grantor’s lifetime to hold and manage assets. The Grantor is the person who creates the trust. After the Grantor’s death, the assets can be distributed directly to the Grantor’s beneficiaries without having to go into probate.

What is a Revocable/Irrevocable Living Trust?

Revocable: A living trust can be revocable, which means assets are transferred into the name of the trust, but the Grantor retains the title and ability to alter them. A revocable living trust can be changed or revoked right up until the Grantor’s death. Revocable living trusts are the most common.

Irrevocable: A living trust can also be irrevocable, meaning the Grantor relinquishes all their control and interest in assets to the trust. Once the trust retains title to the assets, the Grantor can no longer change or revoke anything.

What are the Benefits?

There are many benefits to having a living trust, including the following:

Avoid Probate: Living trusts are usually not subject to the lengthy, expensive, and public probate process.
Less Stress: Avoiding probate will relieve your loved ones of undue stress.
Successor Trustee: You have the authority to name the person(s) who will be in charge of your estate after your death.
Incapacity: You have the authority to name the person(s) who will act for you in the event you are incapacitated.
Privacy: When a will goes through probate, it becomes a public document. Because a living trust does not go through that process, it protects your assets and wishes from becoming publicly accessible.

How Do I Create a Living Trust?

If you’ve decided a living trust is the right option for you, you will need to hire an attorney. Cheaper online methods of creating a living trust do exist, but hiring a professional is the best way to ensure that: 1) your assets are truly protected, 2) the trust follows current law, and 3) that your wishes are carried out legally and correctly. Many experienced estate planning attorneys also offer additional services like financial planning and trust administration.

How Can I Make Sure My Trust Works?

An estate plan that remains unfunded, unknown, and unchanged will ultimately fail. Make sure to fund your trust, notify the nominated Trustees & beneficiaries that the Trust exists, and update the trust every 3-5 years or at every major life event.

March 11, 2021 by Tough Divorce Lawyers

What Will I Pay for a Divorce?

Divorce Lawyer

Divorce & The Payments Involved

Divorce is hard on everyone. The couple often has limited resources, and finances play a large role in the divorce rate today. If this is a situation you’re in, you might start to worry about what it’s going to cost to obtain a divorce.

Lawyer Fees

Hiring a lawyer often ensures you are able to achieve the fairest outcome through your divorce. Though you know this is what you want to do, you are probably worried about the cost of hiring a lawyer. On average, individuals pay around $270 per hour for a divorce, though there are outliers on either end. A wife might pay $100 per hour for her lawyer, and her husband might pay $400 for his. It just depends on the lawyer, his or her experience, and what is most important to you when it comes time to select a divorce lawyer.

Taking an average of $270 into consideration, if a divorce lasts around 50 hours to settle, you can plan to pay your lawyer around $13,500. This will depend on several factors but is a good starting point for someone hoping to save up or secure financing in some way.

Other Costs

There are several individuals and professionals who will play a role in your divorce, and there are several processes that will play out. It will be your responsibility to pay for these professionals and processes. Some other costs you can expect to pay include real estate appraisers, child custody evaluators, tax advisors and other similar expenses. These costs could range anywhere from $1,000 to $2,000.

How To Keep the Costs Down

If you are looking for a way to keep costs down during a divorce, there are a few things you can do. For example:

Adjust your budget – You might not be able to adjust any lawyer or legal fees, but you can adjust your grocery budget or avoid buying new clothes for the time being.

Don’t contest the divorce – Uncontested divorce often costs thousands of dollars less than when one spouse contests the divorce.

Try mediation – Mediation is a process in which you try to work out your differences so you can settle the divorce without legal intervention, and it often costs a significant amount less than the full legal process.

Contact an Attorney Today

Everyone is facing a different situation when going through a divorce. If you’re worried about the cost, it’s often most beneficial to turn to a professional directly. Contact a New Jersey divorce lawyer at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC today to get answers to your questions.

June 17, 2014 by Tough Divorce Lawyers

Maryland Family Law – Child Custody and Support Equal Rights Demanded by Fathers

Maryland divorce and family law cases involving child support or child custody matters most frequently boil down to the best interests of the child, within their family context. In practical terms, this most often means the mother in most states – over 80% of national cases reflect the majority opinion and experience of families that the mother is the primary care-giver and responsible for most direct day-to-day needs of (particularly younger) children. While a large majority of these family law and child custody disputes tend to get settled out of court, before litigation, those that do end up in litigation tend to be perceived as generally inclined towards favoring the mother’s roles and responsibilities delivered, vs. the father’s.

This is changing, and fast. For many reasons ranging from the general economy to much more diverse and accepted cohabitation arrangements among parents and caregivers, fathers (married or not) are more and more likely to seek greater custody share without bowing to commonly-held notions or procedures. As this child custody and family law article states, “You’ve seen more households that had two working parents, and if a parent was out of work, it happened to be the father, and he was therefore taking over more of the parenting duties…This has changed, in many ways, men’s relationships to their children, and that has been reflected in some of the growth of (family law) firms catering to men and fathers’ rights.”

A parent’s inability to pay child support, most often a responsibility of the father, also introduces additional pressure and perhaps some degree of unfairness for fathers seeking child custody. In Maryland, for example, this trend of “bad debt” piling up, unpaid by fathers who can’t reasonably provide to the degree that the mother or court specifies, has been recognized through the work of the Job Opportunities Task Force. As this Baltimore Maryland Sun family law op/ed piece states, “the (Maryland) Child Support Payment Incentive Program is already taking small steps to chip away at this mountain of bad debt. The program allows noncustodial parents with incomes below 225 percent of the federal poverty level, who have made 24 months of consecutive child-support payments on their current obligation, to have their arrears reduced to zero…Also, new legislation (2012) will automatically suspend child-support orders for anyone sentenced to 18 or more months in jail and lacking the financial means to pay…the new law will help noncustodial parents reenter the workforce — and the lives of their children.”

Furthermore, In July 2013, the Maryland Commission on Child Custody Decision Making was authorized. The Commission will study all aspects of child custody decision-making in Maryland, including the principles governing it, and current practice and processes. The study will encompass how to make child custody orders and modifications fairer, more uniform, and equitable; reduce litigation in child custody proceedings; promote and ensure children’s continued relationships with both parents; and maximize involvement of both parents in a child’s life…including considering whether gender discrimination exists in custody decisions.

Maryland Child Custody and Support Help – for Fathers, Mothers, all Caregivers

At BWG, a Montgomery County-based Maryland Divorce, Family Law and Personal Injury Law Firm, we recognize that child custody law and procedure varies greatly from state to state, and the landscape is shifting fast in response to perceived, actual or simply unintended inequities in rights stipulated among parents and caregivers in child custody situations. Maryland Family Law is drawn from the sources of the Maryland Code, Maryland Court Rules, and Maryland Case Law – all of which create a very complex system and context to navigate by the court, attorneys and the families involved.

Trying to interpret individual Maryland child custody laws without fully understanding the Maryland Family Law Court system and the constantly shifting landscape of new legislation and sources of input and authority, greatly decreases the chance of achieving an outcome favorable to you in your case – whether you’re a father or mother. That’s why it’s in your best interest to consult effective, knowledgeable Maryland child custody and support lawyers with current attorney experience in Maryland child custody, child support, divorce, domestic violence/abuse, and other related family law case types.

December 30, 2013 by Tough Divorce Lawyers

The Reality of Child Abductions Relative To Divorce

Unfortunately, child abductions arise in divorce case situations. If a child is abducted, it is imperative for the parent to immediately notify local authorities so that all steps can be taken to return the child to their rightful guardian. In some cases, there have been high-profile stories in which parents have abducted children and then left the country. These stories are never easy to hear, but it’s important for parents who may find themselves in this situation to be aware of all possible outcomes. A child’s safety and well being is what’s important here.

Sometimes, children can be caught in the crossfire between the parental battle for custody! The parents’ battles are hard enough on the husband and wife, and they can end up having a huge impact on the children. When this results in an abduction, the taken child typically undergoes tremendous stress and anxiety. In some cases, especially when a child is taken by force, it can exacerbate issues and lead to a feeling of hopelessness and devastation.

For the child, an abduction can take a tremendous emotional toll and even impact the child’s development. The child is placed in an unusual situation where a loved one, such as a parent, is actually doing the child harm. This is very confusing and difficult for a child to accept, and may cause long-term emotional damage.

The laws in each state vary on how abduction is handled. In many states, abduction is considered kidnapping, and can be punished as a felony. Abduction can result in jail time for the parents who has taken the child. If a parent has any suspicion that their child has been abducted by their partner prior to, during, or after divorce proceedings, the authorities should be notified immediately to try and ensure the safe return of the child.