Just because you are separated and going through a divorce does not mean that you shouldn’t pay attention to your estate plan. In fact, there are a set of circumstances in which the law might create a result that you expressly wanted to avoid if you do not take measures to protect yourself. I am talking about the “elective marital share”. Separated But Not Divorced This issue keeps coming up with clients of mine Read More
Estate Planning Can’t Wait Until Your Separation Is Over
Going through a separation is confusing, stressful, and often overwhelming. Estate planning is not a subject that comes up frequently. Very often, as couples make the decision to get separated and then divorced, they are concerned with the most pressing things: making sure the children are cared for, paying the bills on time, deciding who will live where. There are a lot of moving parts to coordinate, not to mention Read More
Do You Advocate for Father’s Rights?
The other day I got a call in the office and the caller asked me just that question: "Do you advocate for father's rights?" My response was "I advocate for parent's rights". CLICK! I can't say I was surprised that the caller hung up on me. When you ask a question like that it signals that you believe there is an unjust tilting of the judicial process in favor of women. That perception, spoken with absolute Read More
Shacking Up? Protect Yourself!
In my family law practice I am increasingly being asked to help couples develop a "no-nup" agreement - essentially a prenuptial agreement for couples that have no intention of marrying. It seems that this increase is caused by a) more couples simply putting off or eschewing marriage all together, and b) older couples who have been burned by divorce previously and want to avoid it this time around. In some Read More
Don’t Win the Lottery Just Yet
A couple of weeks ago there was a story about a woman in California who came forward as the winner of the SuperLotto Plus Jackpot prize of $23 million just days before the winning ticket was about to expire. Apparently she never checked the ticket and had simply left it in her car. Luckily for her, her daughter recognized her mother's picture from a surveillance camera and alerted her to her winnings. Why hadn't she Read More