Monthly Archives: February 2016

Cases that a Lemon Springs Family Law Attorney May Handle

A Lemon Springs family law attorney may handle a wide variety of cases.  Different attorneys may focus their practice on different cases.  When looking for a Lemon Springs family law attorney, find someone who has experience in the particular family law matter that you are dealing with.  Family law cases include:

Divorce

One of the most common family law cases is divorce.  Most spouses today divorce based on no-fault grounds, stating that they simply have differences that cannot be corrected and would prefer for the state to terminate their marital relationship.  However, there are also fault-grounds.  Family law attorneys assist with the legal pleadings and negotiations involved in divorce.

Child Custody, Visitation and Parenting Plans

Lemon Springs family law attorneys may also be called upon to assist with matters related to child custody.  This may be part of a divorce action or a separate action.  They try to show that the court should make an order as requested by the party who they are representing because this would be in the best interest of the child.  Lemon Springs family law attorneys also represent parents who have already received a court order related to child custody but who want to modify it because of changes that have occurred.

Adoption

Family law attorneys assist parents who want to adopt a child.  This may involve domestic adoption or international adoption.  It can also be for stepparent adoption. 

No Contact Orders 

If domestic violence has occurred in the romantic relationship, the abused victim may ask the court to order the abuser not to have any contact with him or her.  Family law attorneys can assist victims with filing for a protective order.  They also represent people who are falsely accused of misconduct.

Why a Personal Representative Needs a Probate Attorney in Lee County

If you have been named a personal representative in someone’s will, you should consider it a great honor.  This means that the individual trusts you to carry out the instructions in his or her will.  However, being a personal representative comes with great responsibility.  In some instances, you can be held personally liable if you make mistakes during the probate process.  A probate attorney in Lee County can explain the various requirements of this position.  Additionally, a probate attorney in Lee County can assist with some of the many tasks that you will have to take care of.

The personal representative is responsible for identifying and locating the decedent’s assets.  Some assets transfer outside the probate process such as assets that are transferred through a beneficiary designation form while others are part of the probate estate.  Beneficiary designation forms are commonly used with life insurance policies and retirement accounts.  Additionally, the personal representative must inform beneficiary and heirs of the decedent’s passing and the appointment of personal representative.  The personal representative is also responsible for identifying creditors and notifying them of their timeline to file a claim against the estate.

A probate attorney can advise the personal representative along the way.  Additionally, he or she can help the personal representative demonstrate his or her legal right to act on behalf of the estate.  A probate attorney may help file a federal and state tax return for the estate and open a checking account in the name of the estate in order to carry out these final tasks.  If a legal claim arises against the estate or the will is challenged, a probate attorney can provide legal advice about the options to responding to these claims.

Why You Need a Sanford Trusts and Estates Attorney If You Have Children

A Sanford trusts and estates attorney helps individuals plan for their final days and effectuates their desires when it comes to distributing their earthly goods.  Making these arrangements is important for all individuals, but it is especially important for parents.  A Sanford trusts and estate attorney can help a grantor in the following ways:

Protect Children’s Financial Futures

A trusts and estates attorney can help draft a trust based on your preferences.  You can transfer assets of your choosing to the trust and appoint a person whom you trust to act as the trustee.  This person is tasked with the responsibility of following your instructions as outlined in the trust.  You can also structure your trust in different ways, depending on your circumstances.  For example, if you have a child with special needs, you can structure the trust in such a way that you will not hinder your child’s ability to receive other benefits that he or she is entitled to.  By taking these steps, you can ensure that your children have the financial resources that they need even if you are no longer there to provide for them.

Name Responsible Parties

A trusts and estates attorney can help you identify parties that you believe would act responsibly toward your children and can use this information to attach legal connections.  For example, he or she can name a guardian in your will who you think would be the best person to raise your children if you cannot do it for yourself.  You can appoint another person to handle the children’s property while they are still minors.

Condition Gifts

Unlike a will that requires an outright gift to a beneficiary, a trust allows you to give gifts to your children with strings attached.  For example, you may wish to withhold certain funds until your child graduates college or reaches a certain age.

Why You Should Retain a Lemon Springs Real Estate Attorney

Even though you are not legally required to hire a Lemon Springs real estate attorney when buying or selling real property, it is usually in your best interest to do so.  In some cases, buyers may realize that they need the services of a Lemon Springs real estate attorney when it is too late for him or her to correct mistakes that were made in the process.

While a real estate agent may have a good background on real estate in the area and in negotiating a good sales price after reviewing the relevant competitive listings and sales, he or she is not qualified to make any type of legal judgment.  In some cases, an unanticipated problem may arise that the agent has no experience with.  For example, the home may be occupied by tenants who have certain rights to the property.  A dispute regarding the property’s boundary line may arise that could cloud the title or affect the value of the home.  In some cases, unpermitted structures or additions have been made to the property.  Liens or encumbrances may have been placed against the property, creating an ugly cloud on the title.

A real estate attorney can address these legal issues.  Additionally, he or she can draft or review a purchase agreement to ensure that your legal interests are being protected.  By including or omitting provisions in a standard contract, the lawyer can help customize the purchase or sale so that you are protected.  He or she can also ensure that contingency provisions are included in the contract in case a problem does arise so that you have a way out of the contract if you need it.