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The Importance of Revising an Estate Plan After Divorce
According to a Wisconsin divorce law firm, Going through a divorce is a very strenuous time in life for the divorcing couple. When the unfortunate prospect of divorce arises, it is important to know your rights, understand the law and the marriage dissolution process in Arizona, divorce lawyer Tiffany Fina Esq is here to help you by executing this process as quick and painless as possible. You can visit https://www.sariehlawoffices.com/ site and solved your divorce issue, child custody and many more family matters. To know more about divorce and family law issues, go to https://www.julieglade.com site. Leadville Family Lawyer offering divorce service for clients in Lake country. While this life event is tough, it also creates a significant need to update your Phoenix Arizona estate plan. Because of the great change in personal finances, assets, and planning objectives, a revision of an estate plan is necessary for both spouses. Regarding to legal advice you can get help from family lawyers, and about this visit www.pnwfamilylaw.com/ site. Additionally, in nearly all cases, both the husband and wife involved in the divorce no longer want the ex-spouse to be a beneficiary of his or her estate plan. At the Law Offices Of Paul Duron, Every client and prospective client is treated with absolute dignity, Privacy and complete respect. If a married person fails to change his or her estate plan after a divorce and then dies, the possibility exists that the ex-spouse may take a share of the decedent’s estate, or may take under the terms of a beneficiary designation. Filing for divorce can be difficult, that’s why it’s important to hire these divorce attorney services in Carrollton GA. The Sanders Firm divorce lawyers Tristan and Silvia Sanders focus all of their professional time and attention to providing exceptional, proactive, and compassionate service to their Family Law clients. The Sanders Firm is Orlando’s premier Family Law Firm. Go through scwestonlaw.com to know more about the divorce lawyer.
While a divorce automatically terminates some of the ex-spouse’s rights, in many cases it does not, contact Hoyer Law Firm for details on the subject. Here is a partial list of items that should be reviewed upon a divorce to avoid legal setbacks down the road.
While in most states, including Arizona, there are statutes in place that will allow a divorce to automatically revoke any provision in the decedent’s will for the ex-spouse, few states have this automatic revocation for a disposition made to the former spouse in a revocable trust. It is important to revoke this trust, and create new trust with different beneficiaries as desired. You can consult Best divorce lawyers / Advocates. Hiring an experienced divorce attorney is the best way to get peace of mind when dealing with matrimonial cases, child custody, alimony, and mutual divorce or contested divorce proceedings.
Also, if your trust is set up for your child(ren), you should consider naming a trustee other than the ex-spouse, unless you believe the ex-spouse will be a reliable and honest trustee for the child, and in case a parent get the custody the request for alimony could be do by legal professionals. If there is no designated trustee, most courts will typically assign the other parent as trustee. And while the beneficiary of the trust is the child, the ex-spouse will have some degree of control over the property, unless otherwise designated in the trust.
Power of Attorney or Attorney-in-Fact
Most married couples, with the help of a divorce lawyer, will grant each other a power of attorney. Under the power of attorney, a person (principal) grants to another (agent) the power to act on their behalf. There are generally two types of durable powers of attorney: a durable power of attorney for finances, and a durable power of attorney for health care. Depending on the terms of the document, the durable power of attorney for finances allows the agent to serve the interest of the principal in financial matters before, during, or after the principal becomes incapacitated. The durable power of attorney for health care authorizes the agent to make medical decisions for the principal if the principal cannot otherwise make those decisions. Further legal advice is available at Landry & Azevedo firm as they are experts in family law.If you have problem regarding speeding ticket defense , chek us out here. Contact our offices as quickly as possible if you are being harassed sexually or for any other reason at your place of work. Geonetta & Frucht workplace harassment lawyers also represent clients who are victims of wrongful termination, retaliation, and discrimination based on race, sexual orientation, national origin, gender, age, or disability. We will explain your legal rights and suggest the best possible alternatives.
In Arizona, there is no statute to provide for a power of attorney to automatically be revoked upon divorce. While a court may revoke it anyway, it is still wise to revoke a durable power of attorney after a divorce and create a new one to avoid potential problems. If you are working with and handling this through a Divorce Representative, you probably won’t have to worry about this. If they however do not mention this to you at all feel free to bring it up yourself.
Divorce does not generally terminate the rights of a beneficiary to the proceeds of an insurance policy on the former spouse’s life – here’s the information on QDRO in California. This rule applies even though the beneficiary may be designate in the police as the insured’s “spouse” and even though the insured may have remarried prior to the former spouse’s death. It is therefore imperative that if you would not like your ex-spouse to receive your life insurance proceeds, that you change the beneficiary designation of your life insurance policies. Rather than leaving property and life insurance proceeds directly to the ex-spouse, a good idea is to establish a trust, that can be managed by a chosen trustee, to provide for distributions for the benefit of any children on a regular and or “as needed” basis. Consult divorce attorneys with free consultation to get personalized care and attention on the issue.
Guardianship of Children
If the ex-spouse is an absentee or unfit parent, or if there have been incidents of violence, it may not be appropriate to allow for the ex-spouse to have custody of the children in the event that you are unable to provide the care. You should have your legal separation lawyer revise the estate plan so it can include the designation of an appropriate guardian for the children. This is not absolutely binding on the courts, but it may nevertheless weigh heavily with the deciding judge. Connect with The Law Firm of Caryn S. Fennell for sound legal advice.
If you and your spouse held property (such as real estate, or a bank or brokerage account) together under a joint tenancy title, upon your death, your surviving ex-spouse will receive full ownership rights to the property. You may have to look for new homes before hand if you are the one to leave the joint property so you have enough time to move out once the divorce finalizes. .
Severing this joint tenancy can be a simple process by creating an instrument signed by all individuals named on the title. If, however, your ex-spouse refuses to sign the instrument, a severance can still be obtained unilaterally through a court order. Severing this joint tenancy will then allow you and your ex-spouse to own the assets as “tenants in common” with a 50/50 share (unless another sharing percentage has been agreed to). This will prevent your ex-spouse from being entitled to your half of the jointly owned property, but will allow for your one half interest to be designated as you see fit.
Understandably, divorce and death are not fun things to think about, however, divorce is one of the most important times to update an Arizona estate plan – or create one. By working with a qualified attorney, estate planning can be relatively simple and straightforward. Contact the attorneys at Gunderson, Denton and Peterson in Phoenix today to learn more about what other changes should be made to your estate plan upon divorce, or to start an estate plan today. You may also knoiw you’ve been arrested and charged with a crime. You could be facing any number of accusations, from driving while under the influence to assault with a deadly weapon. If this is your first brush with the Illinois legal system, you’re wondering what comes next. If you’ve had encounters with law enforcement before, you may have a good idea of what is in store. In either case, you’re worried about what this could mean for you, your family, and your future.Of course, you have every reason to be nervous. Depending upon the circumstances surrounding your arrest, you could be looking at a wide range of personal and legal troubles. But right now, the most important thing you can do is remain calm and know that help is only a phone call away.For over two decades, the criminal defense legal team at Mitchell S. Sexner & Associates, LLC has represented people just like you. No matter what the state has accused you of doing, our team is here to make sure your rights are preserved.
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