An experienced estate planning attorney can help you with the essentials and then evaluate the other steps you want to take. What you should bring to a consultation with an estate planning company in Hamburg, NY depends on the habits and approach of that lawyer. Some ask you to fill out a questionnaire or other documents. Others will let you “bring”. If the testator has not provided a will for a living, unmarried partner, that partner has no legal rights to part of the deceased`s estate. This can lead to terrible situations: the person could have been financially dependent on the deceased and unable to support him, or the children of the deceased could throw the living partner out of an old shared home. For many people, “estate planning” is synonymous with writing a will. Writing a will may be the most important part of estate planning and the number one concern in your mind, but there are other things to consider. Estate planning is a general term for the many ways to legally prepare for death, especially for the distribution of property and other assets. It can also include planning for any physical or mental disabilities you may experience during your lifetime. Depending on your needs and situation, good estate planning can go far beyond writing a will.
An estate planning company in Hamburg, NY could help: Most people in the U.S. (and especially in the western New York area) have no reason to worry about estate tax. For federal purposes, an individual can have an estate of up to $5 million without estate tax, and a concept called “portability” allows a husband and wife to divide a $10 million estate and avoid estate taxes. New York State currently has no portability, but people with $5 million in estates do not have to pay estate tax. If you are concerned that your estate will exceed this range, talk to an experienced estate planning lawyer in your area. Property division issues can be extremely complicated and are an integral part of any divorce proceeding. A good lawyer can make sure your property rights are fully protected during your divorce. You can call this document a “will,” but it doesn`t become a legal will until the testator is dead and has gone through a process called probation.
The word comes from the Latin probare, which means to test and prove. During the probate proceedings, the document – which at this stage only “pretends to be a will” – must be “proved” in the district court. Children need the love and care of both parents. And that`s why they deserve to know who their fathers are. Therefore, establishing fatherhood in New York is important: it upholds family values. It also provides for various rights and obligations for the legal father, such as child support, visitation rights, the right to make certain decisions about the child`s life, and the right to be informed about things like medical events. Unfortunately, establishing paternity is not as simple as performing a DNA test, as there are other factors that a court must consider before establishing paternity. Marriage is one of the most sacred and revered institutions in our society. Nevertheless, many marriages do not survive and sometimes lead to divorce. Most statistics show that 40 to 50 percent of marriages in the United States end in divorce.
Since a marriage is a legal contract, you cannot end a marriage “outside” the law. Since the law considers a married couple as a single legal person, things can become particularly complicated when it comes to separating the legal and property interests of two people, and even more complicated when it comes to children. In the context of family law, paternity refers to the legal father of a child. This is a very important designation, as only the legal father has the right and responsibility to make decisions about how the child should be raised and cared for. The legal father is also responsible for providing financial support to the child. Under New York law, if the child is born to unmarried parents, it is initially considered a child without a legal father. If couples are unable to communicate effectively, the divorce process could turn into long and costly struggles. Even if a divorce is amicable, it will require complex legal considerations and important decisions that will affect both parties for many years to come. Hiring a qualified divorce company in Hamburg, NY, will help you no matter how friendly or hostile your situation may be. The court considers a number of factors in determining the division of property. You look at the type of property and the amount. They shall also take into account the interests of the parties with respect to assets and property.
There is no exact formula that tells a court how matrimonial property is to be divided among divorced spouses. Instead, a court will focus on what it deems most just or equitable. The more effectively you explain to the court why your proposal to divide matrimonial property is the fairest option, it is therefore crucial. While you can try to do this yourself, it would be best if you had a qualified and experienced divorce lawyer to help protect your rights in matrimonial property division proceedings. Physical and legal custody can be “alone” or “joint”. Sole custody means that only one parent can make the most important decisions about a child, and joint custody means that both parents have an equal voice in important decisions about the child`s upbringing.