Legal Tips Blog

In my practice, I frequently come across either changes in the law or interpretations that affect my clients. There are also stories to relate that everyone can learn from. I hope these are helpful to you. For a full listing of all my blog entries, click here...


If there is no will, your children or other beneficiary will have to go to Court to get a ruling as to who gets what.  This can arise when there are blended families, like so many families today.
 
With a Last Will and Testament, you can state what you want, who you want to receive the things that you leave.  You may want to divide equally, you may want to give one child or person a bigger share because the other child or person already received their part.
 
Benefits:  You get to have your say in the Will.  And the Will does not start until you die, so you can change at any time.
 
The cost is not that much.  

 Your loved ones  may have to go to Probate to get a Court Order so that they can sign for a bank account, stocks and bonds, insurance proceeds.
 
Many banks and insurance companies require a Court Order that states that someone can sign for you.
 
Talk to an attorney who knows about Probate.  The process can take some time, but a knowledgeable attorney can smooth out any bumps in the legal road.

This is a tough decision, but think about this:
 
Living with meanness is not required.
 
Children are affected by divorce.  Also children are affected by two parents who hate each other and show it.
 
Often abuse is inherited, meaning, your spouse may be abusive because his/her parents were abusive.
 
Your spouse may have been the victim of abuse when a child, but:

  • You do not have the ability to fix it.
  • Decide what you can control about your behavior.
  • If you do not like his/her behavior, you probably cannot change it.

 
It is not smart to keep doing the same thing and expect different results.