Monthly Archives: June 2016

Child Custody and Moving Out of State

Moving out of state by a parent can have a significant impact on child custody orders. Such a move can be the deciding factor in an initial custody decision. It could also trigger a change of custody in existing court orders. Finally, moving out of state could result in moving the entire child custody case to a court in another state.

Moving and Initial Child Custody Orders

Initial custody orders generally come from the court where the kids are living. If a parent decides to move during the custody proceeding, there will usually be some preference for leaving the kids with the parent that is remaining.

This preference will be especially strong if the kids are in the locale where there are grandparents, uncles, cousins, and other family members.

The moving parent will often end up paying most, if not all, of the cost of visitation, even if they get custody of the children.

Moving and Existing Custody Orders

Whenever either parent moves out of state, a review of the existing custody arrangement may be triggered. This will usually come about if the move will result in a change in visitation opportunities for the non-custodial parent.

If the parents live near a state border, a short move across state lines is not likely to cause, or Continue reading →

Probate

Probate is the legal process following a person’s death, by which their property is passed on to their heirs.  A probate can be a complicated and lengthy court proceeding, or it can be a simple document, such as an affidavit of survivorship.

In this article, we will discuss the most common ways to pass on the property of a deceased person to their heirs.

Formal probate

This is the most complicated, time consuming, and expensive process, because it involves a full court proceeding. This is what people want to avoid when they talk about avoiding probate.

Proving the Will

Generally, the process starts with proving the decedent’s will, if there is one. Some wills are self-proving, others are not. Some wills are holographic. Some wills are executed incorrectly, and therefore they are invalid. If there is a valid will, then you have a testate estate. If there is no will, or if the will is invalid, then there is an intestate estate.

Appointing an Executor or Personal Representative

The executor or personal representative is the person that handles the property of the person that died. An executor is a person appointed in a will. A personal representative is a person Continue reading →