What is the difference between intestate and testate estates?
While getting the documents you need to plan for your family's future is important, it is also important to prepare the documents your attorney will need to get those documents done. The more preparation and planning you do now, the less expensive your estate planning will be. There are five tips to keep in mind when meeting with your attorney.
STEP ONE: PREPARE A LIST OF YOUR ASSETS
It is important that your attorney have a clear picture of all the things that you own and all the people that you owe debts to. The balance of your debt and your assets is important in drafting a good estate plan. Some information that will need to be on this list is how much you obtained the item for, how much the item is currently worth, and where the item is currently located. This also applies to debts. Your attorney will need to know who you owe money to, how much you owe that person, and when you incurred that debt. Getting names and contact information is important.
STEP TWO: PREPARE A LIST OF HEIRS
It is important that your attorney know who all your relatives are. Many relatives may decide to intervene when it comes to carrying out your Will, and your attorney will need to plan for those people. Include in your list addresses and phone numbers. This will allow the attorney to quickly get in contact with these people.
STEP THREE: DECIDE WHO WILL ADMINISTER YOUR ESTATE
You also need to start thinking about who will be distributing your assets. This needs to be a person who is in a strong financial position and will be able to post a bond. It is best if this person is a resident of your state. Your lawyer will also need their contact information.
STEP FOUR: MAKE A LIST OF CURRENT MEDICAL CONDITIONS
Your attorney needs to know your current health condition as well. This comes into play when determining whether a trust is a good idea. Planning for future medical needs is part of the process, and knowing what conditions you currently have help to inform your lawyer of the best steps to take.
STEP FIVE: MAKE A LIST OF QUESTIONS
Come prepared to your first meeting. Make a list of questions in advance that you can ask your lawyer. Being informed is an important part of the process, and lawyers are only able to answer those questions people ask them.
Custody and Visitation are two of the most common types of cases that Family Law attorneys will see. Custody deals with who the child should primarily live with and who should control where the child goes to school. Visitation deals with how often the non-custodial parent gets to see the child. Most of the questions that I get from clients involves some basic information that everyone should have when dealing with child custody and visitation. This is the first in a series that explains the process and common terms involved.
The first thing that I want to talk about are the terms that we lawyers use when dealing with child custody. Terms are important, because the law is built on terms and words. Without understanding the terms behind the law, a judge may deny your petition and leave you without your child.Some common terms that you will run into when dealing with custody and visitation issues are jurisdiction, venue, and the best interests.
Jurisdiction is a word that we lawyers invented to describe how courts are able to have power over you. There are two types of jurisdiction; subject matter and procedural. Subject matter jurisdiction deals with which of the three court types in Virginia will deal with your case; Juvenile and Domestic Relatoins Court, General District Court, or Circuit Court. I previously talked about the differences between these courts. Juvenile and Domestic Relations Courts are the ones that handle issues related to children. Sometimes the Circuit Court will hear issues of custody if they were the ones that handled the divorce process.
Procedural jurisdiction is a fancy phrase that simply means; are you in the right area or state for your case? One of the largest issues that I see when dealing with interstate couples is deciding where to file for custody. There is an interstate law known as the UCCJEA that states actions should be brought where the child has lived for six months prior to the court case. If the child lives in Minnesota, you cannot normally bring a custody case in Virginia.
The second major term is Venue. Venue deals with which of the courts is the best one within your area to bring the suit in. This is determined by connections with the surrounding area. For instance, if the child lives in Alexandria, VA for six months, you have jurisdiction in Virginia, and Venue is in Alexandria's Juvenile and Domestic Relations Court. There is a lot of law surrounding Venue, and it is best to speak with an attorney about this. A case may be transferred if you have the wrong Venue.
Finally, the most important phrase of all is "the best interests of the child". First and foremost, the Court will always consider the interests of the child to be the most important factor in determining custody or visitation. These interests are written in the law, and your normal family lawyer will be able to tell you exactly what the court will consider when determining what is in the child's best interests.
In the end, there are a lot of complicated terms used in Family Law. It is always best to get your own attorney to help you. However, this basic understanding will allow you to speak with the attorney to understand what is right for you.