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Month: June 2024

What Is an Uncontested Divorce Settlement Agreement?

June 17, 2024

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday June 17th, 2024.

A divorce can be a lengthy, complex, and expensive legal battle, taking a toll on your health, emotions, and finances. Fortunately, divorcing couples can opt for less-straining divorce proceedings. One option is an uncontested divorce settlement. A divorce attorney can help determine if an uncontested divorce is a practical route to consider.

Understanding an Uncontested Divorce Settlement

An uncontested divorce is a legal process where both spouses amicably agree on all aspects of ending their marriage without going to trial. The divorce settlement agreement covers legal issues such as child custody and support, marital property distribution, debt repayment, alimony, and grounds for divorce. While an uncontested divorce doesn’t usually go to trial, a judge must approve your settlement agreement and sign your divorce decree.

Eligibility Requirements for an Uncontested Divorce Settlement

An uncontested divorce settlement agreement is a quick and straightforward way to get divorced. However, not all couples are eligible for an uncontested divorce. The court will not grant an uncontested divorce if one party does not agree to the divorce or complete the filing process. You can only qualify for an uncontested divorce if both parties agree to the divorce and there are fault or no-fault grounds for divorce. The settlement agreement must be fair and in the best interests of their children. The couple must meet the waiting period, filing, and residency requirements to be eligible for an uncontested divorce settlement.

Benefits of an Uncontested Divorce Settlement

The benefits of an uncontested divorce settlement agreement are numerous. It is quick and straightforward, especially if both parties agree. It also helps couples save on costly divorce proceedings and preserve an amicable relationship as they work toward a common goal.

Get Legal Help With an Uncontested Divorce Settlement Agreement

While uncontested divorce settlements do not go to trial, you still need the services of an experienced divorce attorney for legal guidance and to ensure a favorable outcome. Your attorney will draft and review your settlement agreement to safeguard your legal rights and interests. Our attorneys at Wickersham and Bowers can help you get through an uncontested divorce settlement agreement. Contact us today to schedule your free consultation with our lawyers.

The Role of Guardianship in Estate Planning

June 17, 2024

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday June 17th, 2024.

Estate planning is a critical process involving the transfer of your assets and estate after you pass away. Writing a will or setting up a trust can help avoid conflicts between beneficiaries after death. Estate planning involving minors or incapacitated beneficiaries includes the nomination of a guardian. You or the court may appoint a guardian to care for your children when you pass away. A guardian is a custodian who oversees a deceased’s estate on behalf of beneficiaries, protecting their interests. Here are the roles of guardianship in estate planning:

Managing Inheritances and Assets

A guardian oversees the distribution and management of your property and assets on behalf of your minor or incapacitated heirs after you pass away. In most cases, the guardian is responsible for managing their ward’s finances, assets, and property until the beneficiary turns 18. Guardianship for incapacitated adults ends when the beneficiary regains their ability to manage their inheritance. Only the court can settle, close, or extend the guardianship after addressing all pending business.

Making Decisions on the Beneficiaries’ Needs and Well-Being

Guardianship in estate planning is not just about managing the deceased’s property and assets on behalf of the beneficiaries. It also involves making critical decisions about the beneficiaries’ education, healthcare, and upbringing. Guardians have a duty of care. The appointed guardian caters to the ward’s welfare and overall well-being, aligning with the deceased’s wishes and preferences. For this reason, choosing the right guardian is more critical than ever.

Providing a Status Report

A guardian is responsible for executing your estate in line with your wishes. Most guardianships have guidelines specifying the management of your estate and the guardian’s limitations. With this in mind, the law requires guardians to provide annual reports of the ward’s estate, financial accounts, and well-being to the court or relevant legal party to reinforce transparency.

Get in Touch With Us

Our dedicated attorneys at Wickersham and Bowers provide personalized estate planning solutions aligning with your needs. Our guardianship lawyers offer expert guidance when appointing a guardian for your estate. We can also help you prepare legal documentation, ensuring guardians do not overstep their limitations and that beneficiaries receive their rightful inheritance when you pass away. Contact us today to schedule a free consultation with our team.