Frequently Asked Questions:
As you might imagine, there are certain questions that we hear often.
As a service to our web site visitors, we try to provide answers on this page for those questions of general interest
If you think you have a general interest question, please contact us and let us know.
It is possible that we might include the question and answer on this page.
Is a will necessary?
Answer: If you or a loved one dies without a will, the laws of descent
and distribution will apply. A surviving spouse may get all or at least part
of the estate, depending on children and other factors.
If there is no surviving spouse, and no children,
then the estate may be distributed to brothers and sisters,
parents and so forth.
A will is indispensable, however, because you can
name your own executor and have that executor serve without
posting a bond- a big money saver. Additionally, a will is helpful to sell personal
and real property without obtaining a court order.
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What do I need to do to avoid probate?
Answer: You need to ask first why you want to avoid probate. Probate is not necessarily a bad thing and sometimes
is less expensive than setting up a cumbersome trust and
titling all of your property in the name of the trust. With a little bit of estate planning, for any income
bracket, we can help you make your experience with probate
less painful than you might think.
Typical ways to avoid probate may include placing
the property in trust, or in joint survivorship, or transferring
upon death. Talk with us so we can tailor a solution to fit
your needs.
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What things should be in my estate plan?
Answer: Everyone should have a testamentary will, a power of attorney,
a durable power of health care attorney and a living will.
You should also check to be sure that real estate
is not only in both names of husband and wife, but also
in joint survivorship.
There is the checklist we go through with you when
we prepare your will.
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When is a trust necessary?
Answer: Not as often as some attorneys would like you to believe.
Trusts can be helpful to avoid or minimize federal
estate tax (estates over $1.2 million), avoid probate,
protect children who can't handle money very well, and
provide for children with disabilities (special needs
trusts).
Be careful of flim flam services trying to sell you a trust.
Make sure you are dealing with a licensed attorney
who can explain how the trust will save you money or otherwise
benefit you, and make sure that the assets you want in
the trust are actually titled in the name of the trust.
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I was charged with a DUI
...and blew over the legal limit. Is
there any reason why I should not simply plead guilty at
my arraignment?
Answer: In any criminal case, its always best to talk with an attorney
first to make sure the State can prove the elements of
the crime charged and to determine any defenses which
would exonerate or reduce the crime charged.
A DUI arrest must be based on a probable cause
stop and the breath test must be administered in accordance
with a series of state standards in order to be introduced
into evidence. It pays to check it out.
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What is the difference between a divorce and dissolution
Answer: A dissolution is a termination of a marriage where both parties
file with the court a petition for dissolution and a separation
agreement/shared parenting plan.
It is based on an agreement, and it is beneficial
because it is based on an agreement. It is less stressful
for parents and children alike, and you can save a lot
of money.
A divorce is filed as a contested action and can end up
with a trial to the court, although many of these resolve
themselves by agreement.
If you can reach an agreement for a dissolution,
you need to address these factors:
- Custody of children
- Child support
- Tax exemptions
- Medical care
- Division of real estate and personal property
- Division of personal property
- Division of debts
Remember that a spouse has a right to one half of the
other spouse's pension that accrued during the divorce.
Spousal support.
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How much is this going to cost?
Answer: It is difficult in some cases to provide you with an accurate estimate of the costs you might encounter,
particularly in divorces and other litigation.
In a typical contested divorce case with assets and kids, you might encounter these types of costs:
a) hourly rate $175/hr.
b) filing fees $330.00
c) real estate appraisal $300.00
d) personal property appraisal $500.00
e) pension appraisal $350.00
f) QDRO preparation $400.00
g) deed preparation $150/deed
h) psychological evaluation $2500.00
i) guardian ad litem for children $1000.00
Except for the hourly rate and the hours we spend on your case, the charges
you see above are entirely beyond our control. Thus, reaching agreement and
avoiding these costs, if possible, is generally something in everyone's best
interest. Litigation is very expensive.
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How long is this going to take?
Answer:Your case is important to us, and we want to help you get through any litigation as quickly
as possible, but the more complex the litigation, and the more attorneys, experts and details to nail down,
the greater the chance that your case can drag out.
Contested divorces and other litigation can last for more than a year, and some have gone on for much longer.
Not to beat a dead horse, but -again- it is generally in everyone's best interest to discuss and resolve issues prior to trial.
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How long does a bankruptcy take?
Answer: Chapter 13 cases take either 36 or 60 months to complete from the date of filing.
How quickly we can file depends on how quickly you provide us with the information necessary to put the
repayment plan and petition together, and how quickly you take the necessary steps to complete your required classes.
Chapter 7 cases can take three to five weeks to file, depending again on how quickly you provide us with
information necessary to file. Once filed, there is a creditors meeting scheduled within 4-6 weeks and
discharge after another 4-6 weeks.
It is not uncommon in chapter 7 or chapter 13 to run into unanticipated issues which may delay the process
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