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East Aurora New York Legal Blog

How to discuss the topic of a will with a parent

A last will and testament can do a lot to make the inheritance process easier, but it is not a guarantee since some wills are still contested in a New York court. Sometimes beneficiaries feel that have been slighted in the will, either because they did not receive what they thought they deserved or they were excluded from the will completely. If you feel you should discuss the matter of a will with a parent, there are certain things to keep in mind.

According to Money Crashers, it is sound advice to talk to siblings about a will first. You want to do this because if you speak to your parent or parents alone, you might appear to be trying to get something for yourself at the exclusion of your siblings. Including brothers or sisters in the process can help build trust or at least decrease the risk of familial disharmony. You can also gain the perspective of your siblings. They may possess insight on how your parents feel about the subject that you do not possess.

It is not always best to stay married for the children

If you feel alone and unhappy in your marriage, chances are your spouse is feeling similar emotions. You may have reached a stage where you are unable to communicate effectively, or you have drifted apart. If the idea of breaking away and starting a new life is something you entertain more frequently, you may even be investigating the laws regarding divorce in New York.

Whatever the reasons for your unhappy marriage, before you take steps to end it, you have an important factor to consider: the children. There is no question that the breakup of a family can be difficult and disruptive for children, so you want to make sure your decision takes every possibility into consideration.

What is the Child Support Standards Chart?

If you are a parent who is going through a divorce or otherwise going through the process of getting child support set up, it can help to get an idea of how much you will pay or be paid. The Child Support Standards Chart comes from the Office of Temporary and Disability Assistance and Child Support and is used to help you get an idea of how much child support will be ordered. The chart gives a rough estimate and estimates on the chart are all for lower end figures in a range.

The chart is set up to allow you to look up an estimated amount of support based on the number of children you have and the amount of your income. It provides the obligation amount annually. It also shows you the basic percentage of income that is generally used to help determine child support amounts.

What are the different drug and alcohol moving violations?

Driving while under the influence of drugs or alcohol will likely get you pulled over in the state of New York. The state has multiple laws pertaining to driving under the influence. It is a good idea to understand them because many DUI convictions are due to a person being unaware of the laws.

According to the Department of Motor Vehicles, a common issue is refusing to take a chemical test. When you are pulled over, you may be asked to breath into a device to check the level of alcohol in your system. If you refuse, it is violation of the law and you may face penalties and even get arrested. This also include refusing urine or blood testing.

What should be included in a will?

What you include in your will is really based on your personal situation. For example, if you are married, then the assumption is that everything you own jointly will go to your spouse. Also, the custody of your children will go to your spouse. However, if you are single, then things could be more complex. US News and World Report explains that there are certain basic considerations to make regardless of the size of your estate or your specific personal situation when writing a will.

First, you need to provide for your children. If you die, the children will go to the other parent unless there are circumstances that make that impossible. You want to plan for that type of situation. Make it clear who you want to have custody of your children if the other parent cannot take them.

How can I prevent losing precious items if I divorce?

You cannot always put a monetary value on everything you own because some items or assets are too precious to you to lose. However, if an East Aurora divorce looms on the horizon, you fear you might end up parting with your prized possessions when your assets are divided. If you hold this fear, know that you have ways to fight for an asset that holds great sentimental value.

The key question in dividing up assets in a divorce is whether an asset is separate or marital property. The New York City Bar points out for the purposes of New York law, separate property is property that spouses either own or have acquired before the marriage. Marital property, on the other hand, is property acquired during the marriage and is considered jointly owned by both parties. In the event of a divorce, marital assets are divided among the spouses.

Are you hesitant to appoint a power of attorney agent?

You may consider yourself someone who does not like to relinquish control. This trait may suit you for any number of reasons, and as a result, you may find yourself feeling hesitant to put anyone else in charge of your financial or health-related matters.

Of course, appointing a power of attorney agent is an important part of the estate planning process. If you find yourself incapacitated and completely lacking the ability to communicate your wishes effectively, it may worry you more that a stranger or undesired party could end up in charge of your affairs because you did not appoint someone yourself. Still, you may worry that giving someone such power could lead to possible abuse.

When catastrophic injuries result from car accidents

Cars crash every day on New York highways. Those who have experienced a motor vehicle accident can attest to the pain and trauma that often follow even minor road incidents. Although drivers may walk away from an accident scene seemingly unscathed, symptoms of injury can appear several days or weeks after the incident.

Minor effects may include scrapes and bruises while catastrophic injuries may involve spine and brain trauma. In fact, the U.S. Center for Disease Control says motor vehicle accidents are the third leading cause of traumatic brain injury in the country. In those statistics, the CDC includes TBIs serious enough to cause fatalities as well as those that require hospitalizations or, at the very least, a visit to the emergency room. 

Reasons why establishing paternity is important

Children born to unmarried parents in New York have no legal father under state law, which can put them at a number of disadvantages compared to other children whose fathers are known. This does not have to remain the case, however. According to the child support section on the New York state government website, unmarried parents can try to establish paternity for their child. There are several reasons why establishing paternity is important for any New York child.

As a result of establishing paternity, a child can enjoy access to greater financial support since the child now has two known parents. While one of the obvious benefits is that the father will have the responsibility of paying child support, the financial benefits to the child can go much deeper. Such benefits include drawing upon the father’s Social Security benefits, the father’s medical insurance, or veterans’ benefits if the father had served in the military.

What is equitable distribution?

When it comes to divorce, one of the important aspects is the division of property. There are two kinds of property distribution, but each state sets its own standards. New York is an equitable distribution state, which according to the Huffington Post is what most states in the country are. The other is a community property state, of which there is only nine in the country.

In a community property state, property division is kept simple. The court just divides all property evenly between you and your spouse. While this makes things really easy, it is often seen as unfair.

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East Aurora, NY 14052

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