Posted on April 07, 2023 in Wills and Trusts

A contested will can throw a family into turmoil, causing emotional distress and threatening the intended distribution of assets. Understanding the basics of contested wills and the grounds for contesting a will can help you navigate this challenging and delicate situation. Those going through a contested will process must be made aware of the reasons for contesting a will and the legal process involved.

What is a Contested Will?

A contested will arises when someone disputes the validity of a will or its provisions. This often happens when a family member or other interested party believes the will does not reflect the testator’s (the person who made the will) wishes or that the will was executed improperly.

Grounds for Contesting a Will

There are several grounds for contesting a will, including:

• Lack of testamentary capacity – The testator must have the mental ability to understand the nature and extent of their assets, the beneficiaries, and the implications of their decisions when making a will. If the testator lacked this capacity, the will might be deemed invalid.

  Continue Reading ››

 Posted on April 05, 2023 in Divorce

There is no denying that discussing divorce with your spouse can be a high-stress and often contentious conversation. Unfortunately, in some cases, this discussion can escalate into threats of violence. If you find yourself in this situation, it is crucial to prioritize your safety and take appropriate legal action. Today, we will outline several steps if your spouse threatens violence after you mention divorce. As you navigate this emotional time, an experienced family law attorney can be highly beneficial as you work to ensure your safety while ensuring your rights are protected and that you understand your legal options moving forward.

Step #1 – Ensure Your Immediate Safety

If you are in immediate danger or fear for your safety, call 911. Law enforcement officers are trained to handle domestic violence situations and can help protect you from harm.

Continue Reading ››

 Posted on March 30, 2023 in Divorce

Divorce can be a tumultuous time for any family since, at the core of a divorce, it is a permanent change in a family dynamic. Unfortunately, some parents may attempt to use their children as pawns during a divorce. One such tactic is parental alienation, where one parent tries to turn the children against the other parent. If you are a father going through a divorce and you suspect your wife is trying to alienate your children from you, it is essential to take proactive steps to protect your relationship with your children. Consult with a family law attorney to protect your rights as you move through this challenging time.

Tips on What You Should Do to Counteract Your Spouse’s Attempt at Parental Alienation

Here are some considerations for what to do including:

• Maintain open communication with your children – One of the most important things you can do to counteract parental alienation is to maintain open communication lines with your children. Stay involved in their lives, listen to their concerns, and address any negative information they may have heard about you. Reassure your children that you love them and will always be there for them, regardless of the divorce.

  Continue Reading ››

 Posted on March 30, 2023 in Estate Planning

We hear all the time how, regardless of your age, estate planning is essential for the future. At the foundation of many estate plans is a will. As a result, it can be highly distressing to learn that an elderly loved one does not have a will and is refusing even to make one. Today, we will discuss what you should do if your loved one refuses to make a will and some tips to approach this delicate situation. Remember, to start the estate planning process, contact an attorney to guide you through the process to ensure everything is done correctly.

Tips for Approaching the Situation

Consider these tips when approaching the situation, such as:

• Understand their perspective – Before you can convince your loved one to create a will, it is essential to understand their perspective. For example, they may have fears or concerns about making a will, such as not wanting to face their mortality or not wanting to cause family conflict. By better understanding their perspective, you can address their concerns and find a way to move forward.

  Continue Reading ››

 Posted on March 20, 2023 in Divorce

When one spouse has a substance abuse problem, it can complicate divorce in various ways. The spouse with the addiction may be less able to negotiate effectively, and their addiction may impact their ability to make sound decisions. Today, we will discuss what to remember as you approach the divorce process if you have a spouse with a substance abuse problem. Consider contacting an experienced divorce attorney to ensure your rights are protected and understand your legal options.

What to Do if the Spouse You Are Divorcing Has a Substance Abuse Problem

While all situations are different, here are some considerations as you move toward and through the divorce process, including:

• Get help for your spouse – If your spouse is willing, encourage them to seek help for their addiction. This could include therapy, rehab, or support groups. Addressing the addiction can help your spouse to be in a better position to negotiate and make decisions about the divorce.

  Continue Reading ››

 Posted on March 17, 2023 in Family Law

Estate planning is an important process involving various decisions about how a person’s assets will be distributed after death. However, there are situations where the estate planning process can be influenced by outside parties, which can lead to serious legal challenges. One such situation is undue influence. Today, we will discuss what precisely undue influence is and how it can affect estate planning. For any questions or concerns regarding estate planning, contact an estate planning attorney to ensure the process is followed lawfully.

So, What is Undue Influence, and What Factors Can Help Establish Its Existence?

Undue influence is a legal concept that refers to situations where a person is coerced or manipulated into making decisions that are not in their best interests. For example, in estate planning, undue influence can occur when someone uses their power or influence to pressure a person into making decisions about their assets that they would not have made otherwise.

Continue Reading ››

 Posted on March 13, 2023 in Divorce

Unfortunately, it is not uncommon for children to act out in school and at home following a divorce as they struggle to accept the changes in their family dynamic. Today, we will discuss what a concerned parent can do if their child begins acting out after a divorce.

If you are worried about child-related legal concerns before, during, or after a divorce, contact a divorce lawyer for help. An attorney can help you establish or modify the allocation of parenting time and parental responsibilities, enforce a child support order, and address other family law concerns.

Tips for Parents with Children Struggling to Cope with a Divorce

Divorce can be hard on children. Here are some tips to help parents help their children get through this challenging time in their life:

• Communicate with your child’s teacher – If your child starts acting out at school, it is essential to communicate with their teacher. Explain the situation to the teacher and ask for their support in helping your child cope with the changes in the family dynamic. The teacher may be able to offer additional resources or support to help your child.

  Continue Reading ››

 Posted on March 10, 2023 in Divorce

Hiring the right divorce attorney is crucial for achieving a favorable outcome in your divorce case. However, with so many divorce lawyers to choose from, it can be challenging and downright overwhelming to determine which one is the right fit for you. Today, we will review common red flags that you may encounter as you look to hire a divorce attorney. For anyone looking to get a divorce, hiring an attorney with high levels of knowledge and experience are vital attributes to look for when hiring a divorce attorney.

Look Out for These Red Flags

Here are some red flags to be mindful of when hiring a divorce attorney and how to avoid making them, including:

• Lack of experience in divorce cases – When hiring a divorce attorney, choosing one with experience handling divorce cases is essential. Family law is a complex area of law that requires specific knowledge and skills. Make sure your attorney has a history of securing favorable results for clients.

  Continue Reading ››

 Posted on March 06, 2023 in Divorce

Divorce mediation is a process where both parties work with a third-party mediator to come to a mutually beneficial agreement on issues such as child custody, division of assets, and spousal support. While mediation can be a less stressful and costly alternative to litigation, it may only be a viable option in some cases. Today, we will discuss when mediation may not be the best course of action. If you are interested in getting a divorce, consult with a knowledgeable attorney so you understand your rights and legal options.

Situations Where Divorce Mediation May Not be Suitable

There are several situations where divorce mediation may not be sufficient, including:

• Domestic violence – Mediation may not be a safe option if there is a history of domestic violence or abuse. In cases of domestic violence, it is essential to prioritize the safety of the sufferer and their children. An experienced family law attorney can help domestic abuse sufferers obtain an order of protection and navigate the legal process.

  Continue Reading ››

 Posted on March 02, 2023 in Divorce

Aside from the financial implications of a divorce, the psychological repercussions of ending a marriage can be devastating. It is not uncommon for people who are getting divorced to suffer from problems like depression, anxiety, or even substance abuse. As a result, those going through a divorce must take care of themselves and be aware of their needs.

In December, we wrote a blog that discussed healthy ways parents can help their children cope with divorce. Today, we will review several healthy coping mechanisms for adults going through a divorce. If you are considering getting a divorce, consider contacting an experienced divorce attorney to ensure you understand your legal options during this difficult time.

Coping Mechanisms for Adults Going Through a Divorce

Divorce is a significant life transition that can be emotionally challenging for anyone involved. While it is understandable for adults to feel overwhelmed and frustrated during this time, it is essential to handle the divorce process healthily and constructively. Here are some tips on how adults can cope with their divorce, including:

Continue Reading ››