Monthly Archives: July 2016

Who needs a will anyway?

More than half of all adult Americans do not have a Will.  Why? Well, about a third of men feel like they do not need a will, while  one in four women blame costs for not making a will.

In this post I will suggest a few groups of people that really should consider a will.

What if I don’t have a will?

When you die without a will, that is intestate, then State laws will determine who gets your things.  If you are married, most States’ laws will give all your assets to your wife if you have no children.  If you do have children, then your things will get split between your wife and your children in varying proportions, depending on who is your children’s mother.  If you are not married and have no children, then your stuff will go to your parents, or your brothers or sisters, or other relations.

So, if you do not like what will happen to your stuff without a will, then you should make one.

Here is a list of people who probably need a will

Married couples with little kids should have wills

Many young married couples with young children, think that they do not need a will because Continue reading →

Why married people with little kids should have a will

Not everyone needs a will and many people do not have one. However, if you are married and have minor children, you should.

Married couples with little kids should have wills

Many young married couples with young children, think that they do not need a will because they don’t have any money to give away.  However, most people have some assets. A car or two, some money in bank accounts. Maybe a home, or a 401k plan.

All these things can be disposed of without a will, but who will they go to?

Usually to a surviving spouse, but what if both parents die together? Then their things will go to their children. However, if the kids are minors (less than 18 years old), the money will have to go to the kids’ guardian and/or their conservator.

But who will be their guardian? Who will be their conservator? That’s where the will comes in.

Appointment of a Guardian

In a will, a parent can appoint a guardian for their minor children. That is the most important reason young people with little kids need a will. So that they can decide who will raise their kids.

Appointment of a Conservator

A parent can also appoint a conservator for their will. This is the person that will manage the Continue reading →

Moving the court case after the kids move out of state

We live in a mobile society, and kids move with their parents. When parents are divorced or unmarried, then custody and support orders are affected. Courts need to be able to respond to these moves, and their actions are guided by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Uniform Interstate Family Support Act (UIFSA).

Moving and Child Support

Child support orders are entered when parents divorce, or when unmarried parents separate. The court that enters the initial support order is called the issuing tribunal, and the state in which that court is located is called the issuing state.

Even if one or both of the parents moves from the issuing state, that original court will continue to control the amount of the child support, and the enforcement of the support order.

Moving and Enforcement of Support

When the paying parent moves away from the issuing state, the case can be registered in the Continue reading →