Marriage, as we all know, is not just an emotional or religious union. It is also a legal union. As such, walking down the aisle without a pre-nuptial agreement leaves a partnership vulnerable to the state's marriage laws in the event of a divorce.
Many states' marriage laws are vague. They also generally allow a judge to make decisions concerning the division of your property if the marriage ends. Fortunately, it is never too late to define and to protect the property of a partnership from the arbitrary decisions of a judge if the marriage ends.
The process of a post-nuptial agreement is very similar to that of a pre-nuptial agreement. It is a marriage contract covering a variety of topics, including the division of property in the event of a divorce, that is created after a wedding.
A post-nuptial agreement is always a good idea. It is a particularly wise move if the financial status of the marriage changes. The financial status can change due to a promotion, inheritance, career change, or other stroke of good fortune. The process of creating a post-nuptial agreement can be a positive influence on both the emotional and legal dynamics of a relationship. It may be hard, but it will only strengthen the relationship in the long run.
It is never easy to discuss topics like money or divorce during a marriage; however, it is important to remember that the pre-nuptial process has been shown to improve and to strengthen a relationship. A post-nuptial agreement is a joint expression of a couple's wishes.
Tuesday, November 30, 2010
Monday, November 29, 2010
Make it Easy on Yourself and Hire a Prenup Attorney
Prenuptial agreements are written contracts between both marital parties deciding upon their rights in the event of divorce or a death. It is a document to safeguard the interests of both parties. Divorces have become common in the United States, and it is wise to make a document that defends your rights. It is not a document proving your anticipation of divorce, but to clearly define the territories of you and your partner.
The contents of prenuptial agreements differ from person to person, but the basics remain the same: the prenup defines the property division and spousal support in the event of separation.
Hiring lawyers
If you are thinking about getting a prenup made by a lawyer, it is better that you hire two lawyers instead of one, as there will be one lawyer to tend to each one's case. But before you both draft the case, you should decide the mandatory terms of the pact.
Costs
The prenupital lawyer fees depend upon the state, and the locality. Generally, the fees lie somewhere in between $700 to $800 to get a prenuptial agreement prepared by a lawyer. The costs are variable and may lie outside this boundary. The expenses also depend upon the amount of negotiation required to arrive at an agreement, and the complexity of the finances of the couple. Additional costs might be involved if you feel the requirement to hire an appraiser as well, to value real estate, collectible property, or business.
Costs also depend upon the time factor. If your wedding date is approaching near, and you want a prenup to be made as soon as possible, the lawyer will charge higher rates per hour. Generally the attorneys, who draft prenups request early retainers, and charge on hourly rates.
The contents of prenuptial agreements differ from person to person, but the basics remain the same: the prenup defines the property division and spousal support in the event of separation.
Hiring lawyers
If you are thinking about getting a prenup made by a lawyer, it is better that you hire two lawyers instead of one, as there will be one lawyer to tend to each one's case. But before you both draft the case, you should decide the mandatory terms of the pact.
Costs
The prenupital lawyer fees depend upon the state, and the locality. Generally, the fees lie somewhere in between $700 to $800 to get a prenuptial agreement prepared by a lawyer. The costs are variable and may lie outside this boundary. The expenses also depend upon the amount of negotiation required to arrive at an agreement, and the complexity of the finances of the couple. Additional costs might be involved if you feel the requirement to hire an appraiser as well, to value real estate, collectible property, or business.
Costs also depend upon the time factor. If your wedding date is approaching near, and you want a prenup to be made as soon as possible, the lawyer will charge higher rates per hour. Generally the attorneys, who draft prenups request early retainers, and charge on hourly rates.
Saturday, November 27, 2010
Need a Lawyer for a Prenup?
Hiring a lawyer
In fact too lawyers, to protect the interests of both parties. Basically, there are no reasons to say no to a lawyer and making your own prenup, except money. Agreed, prenupital lawyers charge fees to get your prenup made, but they have a better understanding of the state laws, and know which things to include in a prenup. While drafting your own prenup, you might miss out a few important points, or add some ineffective ones, so it is better to take professional help.
When selecting a prenupital lawyer to make a prenuptial agreement, make sure you choose a good lawyer. Select the lawyers who are experienced and competent in matrimonial laws, and who can support you both in writing a fair and clear agreement.
Make sure that you decide the terms yourself before consulting a Staten Island prenup lawyer. You both should be clear with the requirements of the agreement before you visit a lawyer. If you prepare a rough plan of what you want to be included in the prenuptial agreement, it will be more just and fair to both sides.
The decision is yours-whether you want to hire a lawyer, or want to create your own prenup. Whichever way you choose, make sure you take care of interests of your spouse as well, and not just you own. Also, it is better to make a rough plan first. If you are doing it all yourself, it is important for you to know how prenups are made. You can use prenup templates to help you with your cause. These are samples that will help you by presenting a general prenuptial agreement format.
Make sure you include all the important points in your prenuptial agreements, as according to many state laws they cannot be changed later.
In fact too lawyers, to protect the interests of both parties. Basically, there are no reasons to say no to a lawyer and making your own prenup, except money. Agreed, prenupital lawyers charge fees to get your prenup made, but they have a better understanding of the state laws, and know which things to include in a prenup. While drafting your own prenup, you might miss out a few important points, or add some ineffective ones, so it is better to take professional help.
When selecting a prenupital lawyer to make a prenuptial agreement, make sure you choose a good lawyer. Select the lawyers who are experienced and competent in matrimonial laws, and who can support you both in writing a fair and clear agreement.
Make sure that you decide the terms yourself before consulting a Staten Island prenup lawyer. You both should be clear with the requirements of the agreement before you visit a lawyer. If you prepare a rough plan of what you want to be included in the prenuptial agreement, it will be more just and fair to both sides.
The decision is yours-whether you want to hire a lawyer, or want to create your own prenup. Whichever way you choose, make sure you take care of interests of your spouse as well, and not just you own. Also, it is better to make a rough plan first. If you are doing it all yourself, it is important for you to know how prenups are made. You can use prenup templates to help you with your cause. These are samples that will help you by presenting a general prenuptial agreement format.
Make sure you include all the important points in your prenuptial agreements, as according to many state laws they cannot be changed later.
Friday, November 26, 2010
Elder Law Attorneys for the Future
One of the best things about U.S. law is that there are so many different areas of it that cover all aspects of life. Elder law is just one of the many different areas of law that attorneys can specialize in. Elder law involves helping elderly people plan for their future and for what happens after they pass away. While it's not a subject that people enjoy talking about, it's a necessity for all elderly people. Elder law Attorneys can help elderly people with all aspects of their current life and assets.
One of the biggest areas that those who practice elder law in Staten Island can help with is Medicaid planning. Because Medicaid laws are constantly changing, it's important to start the planning process as early as possible. Elder law attorneys can help elderly people qualify for Medicaid and the benefits that come along with it.
Estate planning is another area in which elder law attorneys can help elderly persons. All of the assets that belong to a person must somehow be divided among beneficiaries in a legal way so that there are not complications after the person passes on. The attorneys will help the client organize the assets and create a Will that will designate where the assets go.
Lastly, an attorney can help the clients plan for a nursing home for later in their life. While most do not want to end up in a nursing home, the majority of elderly people do at some point. Because nursing homes are extremely expensive, using an attorney to help argue contracted prices at a nursing home will save an elderly person thousands of dollars in the future.
One of the biggest areas that those who practice elder law in Staten Island can help with is Medicaid planning. Because Medicaid laws are constantly changing, it's important to start the planning process as early as possible. Elder law attorneys can help elderly people qualify for Medicaid and the benefits that come along with it.
Estate planning is another area in which elder law attorneys can help elderly persons. All of the assets that belong to a person must somehow be divided among beneficiaries in a legal way so that there are not complications after the person passes on. The attorneys will help the client organize the assets and create a Will that will designate where the assets go.
Lastly, an attorney can help the clients plan for a nursing home for later in their life. While most do not want to end up in a nursing home, the majority of elderly people do at some point. Because nursing homes are extremely expensive, using an attorney to help argue contracted prices at a nursing home will save an elderly person thousands of dollars in the future.
Thursday, November 25, 2010
Why Get a Prenupital?
A prenuptial agreement is a contract signed by a couple before they get married. "Prenups" as they are called, are most commonly used to agree what will happen to the two party's property and debts should they get divorced. Otherwise any divorce will have to go to court. A standard divorce will often attempt to just split all the property down the middle.
However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Staten Island family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.
A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by Staten island family attorneys, then a court will not enforce the agreement.
For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Staten Island family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.
However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Staten Island family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.
A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by Staten island family attorneys, then a court will not enforce the agreement.
For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Staten Island family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.
Tuesday, November 23, 2010
Living Will vs Health Care Power of Attorney
A will to live, formally called a living will form, is a type of advance directive. These legal forms are usually required to be notarized or signed and dated by witnesses.
A living will form usually covers specific directions as to what kind of medical treatment your caregivers will give you or are not allowed to give you. Some people go as far as to refuse food and water if they become incapacitated. A will to live is just that though, it is intended to force caregivers to give you the kind of medical treatment you want if you can't communicate those directives yourself. You are considered unable to communicate when you become incapacitated or brain damaged.
Another form similar to a living will form is a power of attorney for health care form. A power of attorney for health care form appoints some one you trust of your choosing to direct your health care decisions.
End-of-life health care decisions can be very difficult and emotional on your family; 1/3rd of Americans have had to make end-of-life health care decisions for their family. A living will form will keep your family members from making these critical, emotional, and frightening decisions.
You are also entitled to fill out a do not resuscitate order if you so choose to do so, this order will not allow your caregivers to put you on life support. Often times depending on the hospital and jurisdiction they will withhold do not resuscitate orders until their confirmed or simply not even recognize their legal power. Most hospitals will not perform incubations or resuscitation only when faced with these orders but they will treat infections, pump food and fluids directly into your blood stream, use pain management, and adequate comfort care are often times continued.
These types of forms are valid as soon as they are notarized or witnessed, copies should be given to your doctor, family, and any one else you feel may need a copy.
A living will form usually covers specific directions as to what kind of medical treatment your caregivers will give you or are not allowed to give you. Some people go as far as to refuse food and water if they become incapacitated. A will to live is just that though, it is intended to force caregivers to give you the kind of medical treatment you want if you can't communicate those directives yourself. You are considered unable to communicate when you become incapacitated or brain damaged.
Another form similar to a living will form is a power of attorney for health care form. A power of attorney for health care form appoints some one you trust of your choosing to direct your health care decisions.
End-of-life health care decisions can be very difficult and emotional on your family; 1/3rd of Americans have had to make end-of-life health care decisions for their family. A living will form will keep your family members from making these critical, emotional, and frightening decisions.
You are also entitled to fill out a do not resuscitate order if you so choose to do so, this order will not allow your caregivers to put you on life support. Often times depending on the hospital and jurisdiction they will withhold do not resuscitate orders until their confirmed or simply not even recognize their legal power. Most hospitals will not perform incubations or resuscitation only when faced with these orders but they will treat infections, pump food and fluids directly into your blood stream, use pain management, and adequate comfort care are often times continued.
These types of forms are valid as soon as they are notarized or witnessed, copies should be given to your doctor, family, and any one else you feel may need a copy.
Monday, November 22, 2010
When to Contact an Elder Law Attorney
It's happening all around the country as families prepare to relax and have fun over the summer months, the time for an elder law attorney.
Because of time and distance, changes in older loved ones become more noticeable. Uncle Bob seems a little slower to respond to our questions and it takes him longer to move from room to room or up the stairs. Mom's house, which she took pride in keeping spotless, isn't as clean as it used to be, newspapers are piling up everywhere, and the yard is looking shaggy. Then there's Aunt Katie whose kids have noticed that she doesn't pay the bills on time or pays them more than once and she's donating to charities that she has no idea what they do. The mail has become a daily event for her since Uncle Steve died.
The summer also may be a time when families face the difficult decisions about finding care for their older relative. Here are some of the changes that may indicate your loved one needs an elder law attorney.
Weight loss
Bad personal hygiene or significant negative changes in personal hygiene
Unusually loud or quiet, paranoid, agitated behavior
Unusually cluttered, dirty or messy home
Local friends and relatives are expressing concerns about changed behavior
Self-imposed isolation, stops attending activities
Signs of forgetfulness such as unopened mail, piling newspapers, not filling prescriptions, or missed appointments
Signs of poorly managed finances, such as not paying bills, losing money, paying bills twice or more, or hiding money
Because of time and distance, changes in older loved ones become more noticeable. Uncle Bob seems a little slower to respond to our questions and it takes him longer to move from room to room or up the stairs. Mom's house, which she took pride in keeping spotless, isn't as clean as it used to be, newspapers are piling up everywhere, and the yard is looking shaggy. Then there's Aunt Katie whose kids have noticed that she doesn't pay the bills on time or pays them more than once and she's donating to charities that she has no idea what they do. The mail has become a daily event for her since Uncle Steve died.
The summer also may be a time when families face the difficult decisions about finding care for their older relative. Here are some of the changes that may indicate your loved one needs an elder law attorney.
Weight loss
Bad personal hygiene or significant negative changes in personal hygiene
Unusually loud or quiet, paranoid, agitated behavior
Unusually cluttered, dirty or messy home
Local friends and relatives are expressing concerns about changed behavior
Self-imposed isolation, stops attending activities
Signs of forgetfulness such as unopened mail, piling newspapers, not filling prescriptions, or missed appointments
Signs of poorly managed finances, such as not paying bills, losing money, paying bills twice or more, or hiding money
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