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Recent blog posts

b2ap3_thumbnail_images_20160802-180709_1.jpgDivorce often leads to child custody battles when both parents want the child for various reasons. These battles tend to lead to court dealings that may cause much time and money to resolve. These proceedings come about when the parents are unable to arrange times and a date to share the child or children and mediation has failed or is not considered be an option.

For the times parents are unable to agree, the court may decide which parent will have custody. Many factors are analyzed and among them, the child’s inclination may be an important consideration.

Child Preference

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b2ap3_thumbnail_bankruptcy-lawyer-newnan.jpgMillions of underwater debtors including individuals and businesses have turned to bankruptcy for relief. While bankruptcy is a powerful way to shield debtors from further debt collection efforts, it does not solve all financial problems. Additionally, there are different things that bankruptcy can accomplish based on the type of bankruptcy that is filed.

Can Do

Bankruptcy can do a lot for debtors, including:

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b2ap3_thumbnail_mediation.jpgChoosing a divorce mediator is the first agreement divorcing spouses make together at the beginning of the divorce mediation process. It will be one of the most important decisions spouses reach during their divorce.

In divorce mediation, you will discuss issues that are personal, sensitive, and emotional. There will be times when you cover financial and legal issues. There will be times you communicate about important family issues. You will consider your thoughts and feelings as you reach agreements and create your own divorce terms. All the while, the divorce mediator you choose will guide you along the way.

There are many factors to think about when choosing the right family mediator. Below are five essential mediator qualities that spouses should consider before choosing a divorce mediator.

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b2ap3_thumbnail_Importance-of-Estate-Planning.jpgWhat are the advantages to estate planning?

By taking the time and effort necessary to plan your estate, you will be able to:

  1. Provide for your immediate family
    Couples want to provide enough money for the surviving spouse. Couples with children want to assure their education and upbringing. If you have children under 18, both you and your spouse should have a will nominating personal guardians for the children, in case you both should die before they grow up. Otherwise, a court will decide without your input where your kids will live and who will make important decisions about their money, education, and way of life.
  2. Get your property to beneficiaries quickly
    Options include insurance paid directly to beneficiaries, joint tenancy, and living trusts, as well as using simplified or expedited probate and taking advantage of laws that provide partial payments to beneficiaries while a will is in probate.
  3. Plan for incapacity
    During estate planning, you can also plan for possible mental or physical incapacity. Living wills and durable health-care powers of attorney enable you to decide in advance about life support and pick someone to make decisions for you about medical treatment.
  4. Minimize expenses
    Good estate planning can keep the cost of transferring property to beneficiaries as low as possible, leaving more money for your beneficiaries.
  5. Choose executors/trustees for your estate
    Choosing competent executors/trustees and giving them the necessary authority will save money, reduce the burden on your survivors, and simplify administration of your estate.
  6. Ease the strain on your family
    You can take a burden from your grieving survivors and plan your funeral arrangements when planning your estate. Or you may want to simply limit the expense of your burial or designate its place.
  7. Help a favorite cause
    Your estate plan can help support religious, educational, and other charitable causes, either during your lifetime or upon your death, and at the same time take advantage of tax laws designed to encourage private philanthropy.
  8. Reduce taxes on your estate
    Every dollar your estate has to pay in estate or inheritance taxes is a dollar that your beneficiaries won't get. A good estate plan can give the maximum allowed by law to your beneficiaries and the minimum to the government.
  9. Provide for people who need help and guidance
    Do you have an elderly parent or disabled child, or a grandchild whose education you want to assure? You could establish a special trust fund for family members who need support that you won't be there to provide.
  10. Make sure your business continues smoothly
    If you have a small business, you can provide for an orderly succession and continuation of its affairs by spelling out what will happen to your interest in the business.

 

Tagged in: Estate Planning
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b2ap3_thumbnail_images-3.jpgAs much as getting a divorce is an emotional decision, it is also a financial decision. Once someone has made the decision to pursue a divorce, he or she should immediately take steps to safeguard his financial and legal interests.

Gather Records

While an individual has access to records, he or she should gather anything that may be important. This includes a prenuptial agreement, will, insurance policies, proof of income, financial statements for accounts, identifying documents, mortgage documents and tax returns. This information should be kept away from the marital home and stored in a safe location.

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b2ap3_thumbnail_growth-Real-Estate-Market.jpgTo receive a highly professional legal advice based on experience in Real Estate will be vital to make sure that the land you want to purchase for starting a real estate project (horizontal or vertical condominiums, houses, gated communities or commercial) is ideal and doesn’t have any kind of building restrictions.

With the ‘Due Diligence’ lawyers make ensure that the client’s investment is not at risk.

Before a person buys a land, it takes place a study related to legal and procedure aspects, that will allow to inform the person if the property he/she is considering to purchase for the real estate project is suitable for that business.

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b2ap3_thumbnail_estateplanning.jpgA thorough estate plan should be designed to avoid probate, save on estate taxes, appoint someone to act for you if you become disabled, and protect assets if you need to move into a nursing home.

A will is only one element of a complete estate plan. All estate plans should also include a durable power of attorney. A trust is useful to avoid probate and manage your estate during your life and after. Medical directives and beneficiary designations are supplements you should consider.

Power of Attorney

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When you think about filing bankruptcy you really want to understand all your options. This is the quick overview of bankruptcy vs other other options. If you are considering whether bankruptcy is right for you, solid information is needed before making a decision. You may be considering doing nothing, debt consolidation, or even litigating with creditors. Today, we are going to compare bankruptcy with other options.b2ap3_thumbnail_home-bankruptcy.jpg Bankruptcy vs Doing Nothing

If you are in debt and it is bad enough to start research on the internet, doing nothing is not the best option for you to consider. Not really knowing about what your options is never a good idea Consider if you were sick, you would get an opinion about the outcome.The same goes for bankruptcy. At some point with money problems there is only so much you can do yourself. This applies to all of us. Money is difficult for most of us to manage. Sometimes you are going to need advice about the pros and the cons of your specific situation. If you are starting to get harassed by the creditors and debt collection agencies, you can leave yourself open to a lawsuit. If you are sued for whatever reasons you have just a few weeks to determine how you are going to respond. Doing nothing means that assets that you can protect go unprotected.Not protecting your 401k or the equity in your homes to try desperately to pay off bills has a devastating on your retirement . You need to start with getting some advice before, due to lack of information, you can make a bad thing worse.

Bankruptcy vs Debt Consolidation

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b2ap3_thumbnail_16.jpgChild custody cases can be some of the most contentious. They can also be complex, and the way that they are decided varies from each state and region. To better prepare for a custody dispute, parents may retain the services of family law lawyers to help advise them of the process entailed in a child custody case.

What Is the Difference in Sole Custody and Joint Custody?

The family court may order sole custody or joint custody. Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child. In some cases, one parent receives physical sole custody and both may receive legal custody. In sole custody cases, the other parent may have visitation rights with the child or supervised visitation. The non-custodial parent may be responsible for financially contributing to the child’s upbringing through child support.

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Forming a limited liability company (LLC) for real estate investments has been a common practice in Florida for more than 30 years because an LLC can help investors protect their personal assets from any liabilities associated with their real estate investments.

Although some real estate investors may elect to rely solely on liability insurance to protect themselves from a potential lawsuit, there are some risks to this approach. Liability policies generally have exceptions and limits that do not wholly protect investors from litigation; an LLC’s protective power is typically broader and more beneficial.

Here are the advantages of forming an LLC for real estate investments:b2ap3_thumbnail_images-2.jpg 

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Posted by on in Family Law

b2ap3_thumbnail_Property-Ownership--An-Estate-Planning-Basic-770x262.jpgInheritance laws are determined on the state level. These laws come into effect when the person who died left no will or his or her will is invalidated due to not following legal formalities, being the product of undue influence or duress, the testator lacking the requisite capacity or for other reasons as determined under state law. Additionally, some inheritance laws take effect even if a valid will was left and if the will says something that contradicts state law.

Rights of a Spouse

A spouse who survives his or her spouse often has several rights. The nature of these rights often depends on whether the decedent died in a state that recognizes community property or common law.

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b2ap3_thumbnail_bankruptcy-button.jpgDebt collection companies are often given a specific protocol to follow when collecting debts. Their owners may set out specific rules for these transactions. Additionally, federal and state laws often impose additional requirements regarding the collection of debt.

Common Collection Procedure

When a debtor is delinquent on his or her account, the original creditor will attempt to collect the debt on its own. However, if the attempts go unanswered and the debtor does not respond by paying the bill in full, the creditor may submit the debt to a third party debt collector. When a creditor refers a debt to a third party collector, it usually does so by selling the debt to the third party collector for cents on the dollar. The debt collector becomes the new owner of the debt and receives the rights of the original creditor to the balance owed. In other situations, the original creditor remains the creditor and pays the debt collection company a portion of the amounts collected on delinquent accounts.

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Posted by on in Family Law

b2ap3_thumbnail_download-2.jpgChild custody is often one of the most hotly contested aspects of any divorce, but contrary to common beliefs even teenaged children can become caught in the crossfire.

The child custody dispute between pop superstar Madonna and ex-husband, Guy Ritchie, has recently heated up in the High Court of England. Despite divorcing in 2008, the couple continues to fight over custody of their 15-year-old son, Rocco.

Specifically, Madonna and Guy Ritchie cannot reach an agreement on whether Rocco should complete his schooling in the United Kingdom – where Ritchie resides – or in the United States, where Madonna maintains a primary residence. Rocco was on tour with his mother while simultaneously enrolled in a Manhattan private school before a December 2015 visit to the UK allegedly derailed his studies. Upon staying with his father in London, Rocco reportedly expressed disinterest in returning to the United States, according to Madonna.

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b2ap3_thumbnail_images-1.jpgReal estate agents occupy a position of trust. Quite often, they are involved in transactions that represent the largest monetary value that their clients have ever encountered. As such, real estate agents may be subject to a number of legal claims.

Fraud

One common claim made in this context is that of fraud. In most cases, fraud requires showing that the real estate agent had the intent to defraud, deceive or misrepresent facts to the detriment of the plaintiff. This may be affirmative action such as telling a lie, or it may be fraud by omitting certain information. Some states have laws or case law regarding a concept called constructive fraud, which is when the real estate agent gains an unfair advantage by using deceitful or unfair methods. Intent is not required in these cases.

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The list of reasons supporting the consideration of consulting with an "Estate Planning Attorney" is long and an important consideration by those of us wanting to assure that our assets get divided and passed on to our loved ones and others in a way that reflects your wishes.

It may look like a term for people of considerate wealth, but everyone has an “estate.”

In fact, your car, home, other real estate, investments, checking account, and even furniture and other personal possession comprise your estate. Naturally, you cannot keep these things when you pass away, but you can control how your estate is given to the loved ones and organizations you care about. In short, estate planning is a clear set of instructions that dictate whom you want to receive something of yb2ap3_thumbnail_denver-estate-planning.jpgours, what they’ll be receiving, and when and how they’ll receive these items. An “Estate Planning Attorney“ plays a key role in ensuring that your estate is fully and clearly drafted, and for when that day comes, an attorney provides proper management and distribution of the estate.

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Bankruptcy is a complex procedure that requires you to make a host of critical decisions from before the time you file straight through to the time your debts are discharged and the bankruptcy procedure concludes. An experienced bankruptcy attorney can guide you through the dizzying maze of decisions, paperwork and procedure that marks a bankruptcy filing, whether it is a chapter 7 or chapter 13.b2ap3_thumbnail_Bankruptcy-1024x678.jpg 

At the outset, a bankruptcy attorney is there to counsel you on the bankruptcy process and whether it is right for you. They serve to help you take a critical look at your debts and assets and determine if bankruptcy is the path that will best help you or if a smarter approach is to attempt to improve your circumstances from a different angle. For instance, the bulk of your debts may be ones ineligible for bankruptcy protection, such as student loans, and an attorney can help you weigh whether you would truly benefit from bankruptcy.

If bankruptcy does appear to be the right solution for you, an attorney then can help you compare the chapter 7 and chapter 13 options. This is a critical decision and will involve you and your attorney examining the size and makeup of your debt, the assets you are willing to risk in a bankruptcy, and your ability to repay your debts or a portion of your debts, among many other considerations.

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Posted by on in Family Law

b2ap3_thumbnail_Mothertossingson.jpg When a couple decides to get divorced, they agree to sever their legal relationship with each other. However, both parties still have legal rights and responsibilities related to their children, whether they were born of the marriage or part of an adoption. In most situations, the fact that the children were adopted will not differ from whether the children were born of the marriage. However, there are some exceptions.

Legal Rights and Responsibilities of Adoptive Parents

When parents choose to adopt a child, they take on certain obligations related to that child, as well as acquire certain rights once the adoption process is finalized. The parent has the duty to care for and provide for the child, just as he or she does with children born of the marriage. Additionally, the parent has the right to make important decisions related to the adopted child, including decisions regarding his or her education, religion, extracurricular activities and other aspects of his or her life.

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Whether you are buying or selling a home, your team of expert advisers should include a real estate closing attorney. Real estate closings are complicated matters and require a thorough knowledge of the law. With a decision as serious as buying and b2ap3_thumbnail_download-1.jpgselling real estate, it is important that you are guided throughout every step of the closing process by an experienced and knowledgeable real estate lawyer.

How a Closing Lawyer Can Help

The real estate attorney performs many time consuming tasks preparing for a closing. A real estate closing involves a series of complex phases: contract drafting and negotiation, document review, examination of the title, completion and explanation of legal documents, and resolution of any possible title difficulties. An experienced real estate attorney oversees the entire process so that you are not overwhelmed by the paperwork involved, the disclosures that need to be made, inspections, loan documents, title insurance and affidavits, and unforeseen issues that can suddenly turn a sure sale into a disaster.

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Your relative's estate plan is a mess - but your family doesn't know this yet. Planning isn't really the problem: there is no planning. And if there's no planning, then a house will pose a special challenge.

Homes are often the biggest part of a decedent's estate. Estate planning for the distribution of a home is frequently met with understandable reluctance - no one likes to contemplate his or her own passing. Such contemplation is even more difficult with respect to our homes.

Our homes have meaning - more than bank accounts, stocks or personal property. Our homes are the places where our children grow up, family gatherings are held, and where grandchildren bring joy. We work to make our homes places of comfort and safety.

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Posted by on in Bankruptcy Law

When individuals have accumulated so much debt that it overwhelms them and they are unable to repay all of their debt according to the original terms of the contract, they may seek bankruptcy relief. Chapter 13 bankruptcy may be one option for them.

Features

In Chapter 7 bankruptcy, debtors liquidate their assets and pay off as much debt as they can. Secured debts receive priority over unsecured debts. There are a number of exemptions that people can claim during these proceedings.b2ap3_thumbnail_21970042_s.jpg 

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Will My Child’s Opinion Be Considered in a Custody Case?
Divorce often leads to child custody battles when both parents wa...
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