Law Office of Stephen W. Penn and AssociatesLaw Office of Stephen W. Penn and Associates2023-12-05T15:31:50Zhttps://www.spennlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303158/2020/03/Social-75x75.pngOn Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=473272022-09-29T18:33:14Z2022-09-22T16:11:56ZCreating an estate plan is a responsible step to take as you get older. However, many people don’t realize there’s more to just your estate plan than your will and trusts.
An important part of estate planning is creating an advanced health care directive. The form is also called a power of attorney for healthcare and allows you to name someone to make healthcare decisions for you if you become incapacitated. You can also use this to name someone to make healthcare decisions for you while you are still capable.
Creating this important document
The form used for an advanced healthcare directive allows you to limit your agent's power or give them full control of your healthcare decisions. If you choose not to impose any limits on your agent, they can:
Refuse consent or consent to care or treatment for mental and physical conditions.
Approve or deny testing and surgeries.
Choose or discharge doctors, medical facilities and other care providers.
If you pass, they can decide on organ donation, autopsies and the disposition of remains.
Leave specific instructions
A section on the form allows you to leave instructions regarding your health care. It can be used with or without an agent assigned. Usually, this part is used to designate if you want lifesaving measures. You can specify other end-of-life decisions regarding healthcare and treatment here, too.
Creating a full and comprehensive estate plan
If you want to ensure that your estate plan is complete, having an advanced health care directive is recommended. This legal document allows you to appoint someone to make decisions on your behalf and leave instructions regarding your future health care needs. ]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=473252022-09-29T18:33:24Z2022-09-06T14:26:44ZAs a divorcing parent, you’re concerned about how your child will adjust to you and your co-parent living apart and to moving between two homes. You may assume you know what’s most important to your child, but have you asked them?
Not long ago, the New York Times did just that. They asked kids of varying ages what made a difference to them when their parents split up and they needed to adjust to living in a new home part of the time (or maybe two new homes if both parents moved). Some of the insights gained can benefit all co-parents.Younger kids are often most concerned with what’s going to happen to their most treasured belongings, like their LEGOs. They just want to know they’ll be there and that they’ll have a space to play with them no matter which parent they’re with.
Letting them help decide what their new space looks like
For older kids, having some say in where they live (for example, being involved in the new home search) can provide them with a sense that they haven’t lost all control over their lives. Kids also want to be involved in decorating their new bedroom. One co-parenting expert says, “Physical space is a concrete representation of emotional space.”Depending on their age and maturity, you can let your child choose anything from bedding to furniture to paint colors and more for their room and for other spaces in which they’ll be spending time. Even if your child will only be in your home on the weekends, it’s important that they don’t feel like a visitor. It may be helpful to include some provisions in your parenting plan regarding items to have in both homes (such as toiletries, wardrobe basics and electronics) can help. It’s also important to help them feel excited about your co-parent’s new home, no matter how much you might want to criticize it. Helping your child feel at home regardless of which home they’re in can make a big difference in how well they adjust to their new family dynamic.]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=473212022-09-29T18:33:31Z2022-08-25T20:02:52ZYour beneficiary designations hold all the power
When it comes to life insurance proceeds, your estate plan isn't what's most important. While you may talk about the use of proceeds from your insurance policy in your will or trust documents, it is the policy paperwork that matters the most.
When you first purchase the policy or renew it, you have to indicate the beneficiary who should receive the proceeds from the policy. It is common practice for people to name their spouses or children as their beneficiaries for their life insurance. However, if you divorce your spouse or experience estrangement from your children, your preferences about who receives your life insurance payout may change.
You need to make sure that the policy documents match whatever arrangements you established in your estate plan. Otherwise, a contradiction between those documents will likely cause estate administration issues. The beneficiary designations are ultimately what has authority, not the will or trust documents you created.
If your insurance policy is out-of-date, the wrong people might inherit from your estate. Occasionally looking over your life insurance policy is a good practice anyway. As your circumstances change, you may want to consider adjusting the coverage in addition to updating the beneficiaries you named.
Creating and maintaining thorough estate plans helps protect you and your loved ones as you grow older.]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=473192022-09-29T18:33:37Z2022-08-24T16:09:52ZDo you have a valid will in place? Congratulations! You are well ahead of the game. A will is, perhaps, one of the most important legal documents you can ever sign while alive. So how long ago did you draft your will? Does it still reflect your wishes?
Will creation is not a one-off job. That is not how estate planning works. Life is unpredictable, and your relationships and preferences are bound to change over time. If you signed your will years ago, it is in your best interest that you review and update it to ensure that it reflects your wishes. Here are two telltale signs that you need to update your will.
Changes to your relationships
Just as life’s circumstances change considerably over the years, so do family dynamics. Perhaps you were single when creating your will and have since found love and tied the knot. In this case, it is important that you revise your will to include your spouse as a beneficiary. Likewise, if you were married while creating your will and have since divorced or separated, then you should consider updating your will to disinherit your ex. The arrival of new members into the family (children and grandchildren) is another valid reason to review and update your will
Changes in tax laws
The estate tax laws (state and federal) are constantly changing. When they do, it is important that you understand how those changes will affect your estate and beneficiaries. Updating your will to comply with changes in the law will go a long way in ensuring efficient tax planning. A will is the cornerstone of estate planning. Keeping your will updated can minimize the possibility of contests and ensure that your wishes are honored when you pass on.
]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=473082022-09-29T18:33:46Z2022-08-07T00:45:59ZHaving a clear understanding of the property you own as a married couple is crucial to achieving a fair outcome when you divorce.
Some spouses, however, are reluctant to share. If you agreed to let your spouse keep separate specific assets through a pre-marital agreement, they are within their rights not to share anything it covers. Yet some spouses go further and try to avoid sharing assets that a court would consider marital assets, which should be divided.
There are many ways to conceal assets
How easy it will be for your spouse to hide assets depends partly on how much financial information you had before.If you knew your spouse had a few businesses but never really understood or asked much about them, it would be easier for them to hide money than if you worked together and went through a financial spreadsheet together each month.That being said, it is never too late to take an interest. You have every right to ask your spouse for financial documents and information. If they refuse, you can ask the court to order them to provide those things.Each party needs to be honest about their finances when submitting information to a divorce court, and a judge may punish a partner who fails to disclose everything.While it is always wise to be cautious and consider the possibility that your spouse may be hiding assets, certain things should have you worried. If your spouse starts moving money around, deletes financial information from a shared computer, looks at investing in new things, or simply closes up about money when they were previously open, seek legal help. There might be nothing to worry about, but you cannot afford to run that risk. Getting sound legal guidance is the best way to ensure you get the divorce deal you are entitled to receive.]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=473032022-09-29T18:33:53Z2022-07-22T14:28:28ZYou and your ex got divorced a year ago, and you share custody. They live with your ex most of the time, but they come to your house every other weekend. You also see them for visitations during the week, and you take summer trips together.
In other words, you are certainly involved in your children's lives and you want it to stay that way. But now your ex is saying that they want to move out of California. You know this is going to make it impossible for the current custody situation to work, and you're wondering if your ex is legally allowed to leave.
They need a good faith reason
In many cases, your ex needs to have a good-faith reason to move in order to be allowed to do so. Without a reason, the court may believe that they are simply doing it out of spite or to keep you from seeing the children. This would be a violation of your custody rights. Examples of good faith reasons include:
Moving to be closer to extended family.
Taking a job that has been offered.
Going back to school and continuing your education.
Moving for a better quality of life or a less expensive standard of living.
One thing to remember is that your ex needs to get the custody order modified in order to stop adhering to the schedule as it was initially set by the court. Simply moving without doing this is a violation of your rights and is not permitted. Make sure you are well aware of all of your legal options if you're worried about losing time with your children. ]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=472972022-09-29T18:33:59Z2022-07-11T02:13:49ZNo-fault divorces only require one spouse's consent
In California, as in most other states, you can request a divorce based on the decline of your marital relationship. You can state that you and your spouse have irreconcilable differences and that your relationship has broken down past the point of repair. If your spouse cooperates, you could file an uncontested no-fault divorce where you settle everything outside of court.
Even if your spouse does not agree that the marriage is over or that divorce is the right step, the court can grant you a no-fault divorce. There may be more time and money involved in a contested divorce, but the court will determine your property division according to community property laws and any custody or support issues.
There aren’t any fault-based grounds for divorce in California. The only other way to divorce, other than claiming irreconcilable differences, would be to show that your spouse has incurable insanity. There are no grounds for divorce based on misconduct. Learning more about California divorce laws can help you prepare for the end of your marriage.]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=472952022-09-29T18:34:08Z2022-06-27T15:01:24ZA will is often the most important document in an estate plan. Someone's will may give instructions about what to do with someone's property and how to care for their children after their death. In lieu of a trust, a will may be the primary way to pass property to the next generation and name someone to handle the estate itself.
Given that wills are incredibly powerful and important legal documents, it is important that the state has rules in place to prevent fraud. One of the ways that California reduces the chance of fraud or coercion influencing someone's estate plan is through a witness requirement.Who has to witness your will for it to be valid?
You need 2 adult witnesses
Every will requires the signature of the testator creating the document. They will need to sign the documents in front oftwo competent adults who understand that the document in question is a will. Having witnesses is important when drafting an initial will and when making any major changes to it.Witnesses can play an important role later if someone challenges the will or the mental capacity of the testator. They can confirm that the document is the one that they witnessed and that the testator had the necessary mental faculties when they signed it.As someone planning an estate, it will be crucial to select appropriate witnesses when you finalize your will. Beneficiaries of an estate who question the validity of a will may want to start their investigation by looking into the witnesses.Understanding what rules apply whenestate planning in California can lead to an easier process and valid documents.]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=472922022-09-29T18:34:15Z2022-06-21T19:03:13ZYou can go to court for enforcement
The courts do not approve of parents who intentionally interfere in their ex's relationship with the children or who violate custody orders out of spite. When your ex has failed to permit your parenting time or has routinely shortened your parenting sessions, they should give you an opportunity to have makeup time.
If they do not, then you can potentially ask the courts for enforcement. A judge could order your ex to start following the established schedule. In some cases, a judge may also assist you in your attempt to schedule make-up parenting time. In extreme cases, the courts may even pursue contempt of court proceedings against a parent who repeatedly violates a custody order and attempt to enforce that order.
You can ask for a modification
When your ex makes it clear that they will not cooperate with your shared custody arrangements, then you may need to change your custody order. The courts may give you more time with the children or more legal decision-making authority when your ex has shown that they don't respect the custody order and have no intention of upholding your rights.
When one parent won't put the children first, the courts may agree to change the parenting plan to preserve the access of the other parent, as that is usually in the best interests of the children in the family. A good starting point for those who want to take action about denied parenting time is the careful documentation of each canceled and shortened visit will help you negotiate with your ex or prove your case in court.
Learning more about California's shared custody laws will help you handle a disagreeable act if you must co-parent with them.]]>0On Behalf of Law Office of Stephen W. Pennhttps://www.spennlaw.com/?p=472872022-09-29T18:34:21Z2022-06-11T04:22:25ZDivorcing can be emotional and messy. Along with having to deal with the emotional and mental toll a divorce can take, you have to divide the life you once shared. While this can be difficult, knowing your rights and what you have the rights to is important.
One of the most important things to understand during property division in a divorce is the difference between the community and separate property.
Separate property
Separate property (as the name implies) are things you owned before getting married. It also includes certain earnings you received during your marriage and property that was purchased with these separate funds. Inheritances and gifts one spouse received during the marriage are also considered separate property, so long as they were not commingled with marital property in any way.
Community property
Community property is what both spouses earned or debts you took out after your marriage but before you decided to separate. In this case, the property or debts belongs to both people equally. Essentially anything you earned during your marriage, including wages, retirement plans and more, is community property. This also applies to debts acquired during the marriage.
The problem with property division
Unfortunately, when it comes to property division, it’s often a contentious part of a divorce. After all, both people usually want to have as much as possible when leaving the relationship. Also, there are issues that may make it difficult to know what items are: community property or separate property. In these cases, having someone helping you with these important determinations is invaluable and can help you receive a fair settlement in your divorce.]]>0