- Divorce
- Child Custody and Visitation
- Premarital AgreementThe Widow's Claim: Ms. Ramallo Cooke was Mr. Cooke's wife, whom he divorced once and then remarried. Despite having signed a prenuptial agreement on her remarriage, a fight ensued, ending in a $10 million settlement to Ms. Cooke to end the expensive litigation ($6.8 million in legal bills.)
- GuardianshipPeople often use a General Durable Power of Attorney to prevent guardianship proceedings. A GDPOA appoints someone as your Attorney in Fact, or agent. GDPOA's are usually effective immediately, have no reporting requirements, no personal instructions, and have extremely broad powers. If you look up "lack of control" in the dictionary, GDPOA should be the first definition. The advantage of this approach is that you get to name the person who is in control.
- Estate PlanningFrom the tornados that ripped through Alabama and Missouri just last month and the two catastrophic fires currently raging in south-eastern Arizona, Mother Nature has not been too kind lately. And as hurricane season has officially begun, coastal cities hope they're not added to the casualty list. Natural disasters like this serve as an apt metaphor and constant reminder of the importance of proper estate planning.
- Wills
- TrustsDo you have a revocable living trust? If so, your Successor Trustees might appreciate the practical suggestions contained in this article. These are some things to consider in the first few weeks of the administration of a Living Trust after death.
- Power of AttorneyKristel K. Patton, P.C. d/b/a Empowered Legacy Planning: Traveling without the kids? Make sure to name legal guardians for them - Parental Power of Attorney
- Probate
- Tax LawWhen a non-spouse joint tenant dies, the surviving tenant gets the property. If a parent with three children makes one child a joint tenant (on the house, for example), then that child inherits the property, no matter what the parent's will or trust says. The result is that (1) if the child is selfish, he or she may legally keep the entire property or (2) if the child is generous and shares the inheritance, he or she may have to pay a gift tax. Joint tenancy makes estate tax planning extremely difficult and may rob clients of the ability to reduce the estate tax burden imposed on their loved ones.