The Court Of Public Opinion

Child custody is not an easy choice. Whether attorneys and judges decide on who will get the child custody or if parents can come to an agreement on their own, someone is going to lose. There are specific laws with very stringent guidelines about child custody. The bottom line is not who should have rights to child custody, but who is going to provide the best environment and upbringing for the child. Therefore, child custody cases can become difficult, confusing, and even frustrating. The bottom line is that for every child custody case, there needs to be a qualified child custody attorney behind it.

What are you to do then when faced with child custody issues? If you are in this situation, you will need to find qualified child custody attorneys to help you. And, you will also want to find a good amount of research about what child custody processes are like in your area. There, you will find quite a bit of information regarding child custody and possibly find qualified child custody attorneys in your area.

No, child custody battles are not easy. They are complex and often leaves someone hurt. Each state has its own set of rules governing child custody laws. Many times, children are placed with biological parents first. But, the end result will be a judge trying to decide what the best place for that child is. In child custody battles, parents will have to decide why they believe the child should be with them. Things like money, housing situations, and how they react with the child.

Child custody cases happen every day. If you are one of the people who are affected by a child custody case, you will want to do some research. Websites like www.thesmartattorneys.com offer information to help point you in the right direction. You should prepare yourself first, though, with qualified attorneys who can help you and the child find the best solution. In the end, every child custody case is about the childs well being.

More articles at article database

The following crossed my desk recently. The author gave me permission to share her story:

Please alert people to something we’re experiencing right now - having to clean up the mess of someone not naming more than one person as beneficiary on a life insurance policy. We are having an impossible time trying to get the funeral expenses paid for my sister and my mother. They died within four days of each other, and they left each other as beneficiary of their life insurance policies.

‘If the person listed as a beneficiary dies, the insurance benefit goes into their estate.

‘The problem is, neither of them had a will, either.

(Aside: This means that both estates, the mother’s and the daughter’s, will have to be probated by the Court, and the Court will decide who gets what. The process can be lengthy, and it can be expensive. The family might not see the funeral money for a while.)

Also, please alert people to be sure that the person they choose to be their medical decision maker - the person who has Medical Power of Attorney - is willing to do what they would want done. Review the mental capacity of the appointed person regularly.

‘My 85 year old Mother couldn’t bring herself to honor my sister’s Living Will that said she wanted to be allowed to go. The doctor wouldn’t write a letter stating Mother wasn’t capable of making these decisions for my sister, who was in a coma.

‘So, my sister was put on life support, even though there was no hope that she would ever awaken or live a productive life. She lingered for months on a ventilator.

‘My family and I wish we had thought about all these things sooner. We are taking a closer look at our own papers now.

She is soooo right.

Life insurance is something we all tend to forget about. When you started that new job, you made out your employer’s insurance beneficiary papers on the first day. Have you thought about them since?

What about your Medical and Financial Powers of Attorney (you do have them, don’t you?). If you’ve designated your spouse on one or both, what happens if you’re in an accident together? Is there a secod person named who can step in?

If you made arrangements for your children when they were babies, are there things you should change now thatthey’re older? Now that several years have gone by, would you still appoint the same people to care for your children in the event of a catastrophe?

Do you have a will? If not, some stranger in a black robe is going to be making decisions for you one day.

What about your parents? If one of them has passed away, has the survivor made the necessary changes to legal documents?

If one parent is in poor health or getting confused, is he or she still the only one legally appointed to make decisions for the other?

This doesn’t really have anything to do with your age. Everyone over the age of 18 should give some thought to these questions, and then take action. Should you do something about it right now, before something goes tragically wrong?

You Betcha!

More articles at articles database

One: I hate my children and want them to never speak to each other again after the battle over my estate.

Two: I hate my spouse and want him or her to suffer the agony of attempting to probate my estate without a will.

Three: I think foster care is great and I want my minor children placed there while a court decides which greedy relative will get custody.

Four: My family doesn’t need the money so I want the government to take as much of my estate for taxes as possible.

Five: I have reliable information that I am never going to die.

Of course the above is written tongue in cheek. However the tragedy of the Twin Towers, the battle over freezing Ted Williams body, and now the sniper shootings in the D.C. area are bringing to more Americans a deeper realization of their own mortality and that of their loved ones. The American Bar Association estimates that 70% of Americans do not have a will. The median age of those killed in the terrorist attack on the World Trade Center was 39 and over two thirds of those killed were men. This is the age group least likely to have a will and the court battles will last for many years after the physical scars are erased.

A case in point is the story of a young lady from Atlanta, Georgia. Her parents divorced when she was a baby and her mother died several years later. Her aunt took in the child and worked two jobs so the niece could graduate from college. The young lady was ambitious and bright. After college she excelled in her job and which allowed her to buy a house and a new car. Eventually the aunt became disabled and was taken in and cared for by her niece. One foggy morning a crash on an Atlanta freeway ended the young lady’s life. Without a will her entire estate; home, car and bank account; was awarded by the court to two half-sisters that she had met only briefly at her father’s funeral. The aunt was forced to enter a nursing home. Unfortunately what is fair is not always what is legal. My wife Carolyn is currently involved in a court battle over her mother’s estate. A family member confiscated the will and has refused to provide any information in defiance of a court order. It has been over a year and the estate is still in limbo. Much of the emotional stress and most of the legal bills would have been avoided if an attorney had been in possession of a copy of her will.

Review the five reasons not to have a will and ask yourself which one applies to you. I will also be glad to add any new reasons to the list. One that is not acceptable is that it costs too much.

Nolo’s Willmaker software is available online at a cost of approximately $40.00. Pre-Paid Legal Services http://www.prepaidlegal.com/info/carolynpatterson will prepare a will for you and your spouse without extra charge with a membership and offers reduced rates on trusts and other estate legal issues. An attorney that specializes in estates can be located through your state’s Bar Association. Whatever route you chose, don’t leave your final arrangements to the whim of a judge

More articles at Big articles database

WHAT DOES A WILL DO?

The simplest way to ensure that your funds, property and personal effects will be distributed after your death according to your wishes is to prepare a will. A will is a legal document designating the transfer of your property and assets after you die. Usually, wills can be written by any person over the age of 18 who is mentally capable, commonly stated as being of sound mind and body.

WHO NEEDS A WILL?

Although wills are simple to create, about half of all Americans die without one (or Intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to the laws of your state. Wills are not just for the rich; the amount of property you have is irrelevant. A will ensures that what assets you do have will be given to family members or other beneficiaries you designate. If you have no apparent heirs and die without a will, it’s even possible the state may claim your estate.

Having a will is especially important if you have young children because it gives you the opportunity to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children who may be someone you do not even know.

WHAT ARE THE ELEMENTS OF A WILL?

What you generally need to make a will:

1) Your name and place of residence;

2) Names and addresses of spouse, children and other beneficiaries, such as charities or friends;

3) Alternate beneficiaries, in the event a beneficiary dies before you do;

4) Name and address of an Executor/ Executrix to manage your estate;

5) Name and address of an alternative Executor/Executrix, in the event your first choice is unable or unwilling to act;

6) Name and address of a guardian for your minor children;

7) Name and address of an alternative guardian, in the event your first choice is unable or unwilling to act;

The age you wish your minor children to have control of their inheritance;

9) Any burial requests you may have (cremation, where you want to be buried, etc.);

10) Your signature;

11) Two Witnesses’ signatures; and

12) Notarization.

Two of the most important items included in your will are naming a guardian for minor children and naming an Executor/ Executrix.

WHAT IS A GUARDIAN?

In most cases, a surviving parent assumes the role of sole guardian. However, it’s important to name a guardian for minor children in your will in case neither you nor your spouse is able and willing to act. The guardian you choose should be over 18 and willing to assume the responsibility. Talk to the person ahead of time about what you are asking. You can name a couple as co-guardians, but that may not be advisable. It’s always possible the guardians may choose to go their separate ways at some later date, and, if so, a custody battle could ensue. If you do not name a guardian to care for your children, a judge will appoint one, and it may not be someone you would have chosen.

WHAT IS A EXECUTOR/EXECUTRIX AND WHAT DO THEY DO?

An Executor/Executrix is the person who oversees the distribution of your assets in accordance with your will. Most people choose their spouse, an adult child, a relative, or a friend to fulfill this duty.

If no Executor/Executrix is named in a will, a Probate Judge will appoint one. Probate refers to the legal procedure for the orderly distribution of property in a person’s estate. The Executor/Executrix files the will in probate court, where a Judge decides if the will is valid. If it is found to be valid, assets are distributed according to the will. If the will is found to be invalid, assets are distributed in accordance with state laws.

Responsibilities usually undertaken by an Executor/Executrix include:

–Paying valid creditors;

–Paying taxes;

–Notifying Social Security and other agencies and companies of your death;

–Canceling credit cards, magazine subscriptions, etc.; and

–Distributing assets according to the will.

WHAT ABOUT UPDATING MY WILL?

You’ll probably need to update your will several times during the course of your life. For example, a change in marital status, the birth of a child or a move to a new state should all prompt a review of your will. You can update your will by amending it by way of a Codicil or by drawing up a new one. Generally, people choose to issue a new will that supersedes the old document. Be sure to destroy the old will after you sign a new one.

WHAT ABOUT ESTATE TAXES?

The property included in your will may be subject to taxation. In planning your will, take into account the following:

—Federal estate taxes will generally be due if the net taxable estate is worth more than $1,000,000. This amount is scheduled to gradually increase from $1,000,000 in 2002/2003 to $3,500,000 in 2009 so that it will eventually shield $3,500,000 in gift or estate transfers from tax per taxpayer. Estates in excess of the exempt amount can be taxed at a rate from 37% to 50% (the top percentage is scheduled to gradually decrease to 45% in 2009). Also, note that these estate tax changes are scheduled to be repealed in 2010. If not extended, the tax law will revert to the estate and gift tax provisions in affect in 2001. Consult a tax or financial professional to determine a plan that is right for you and your family.

—State death or inheritance taxes

—Federal income taxes

—State income taxes

You may be able to minimize your estate tax by establishing a trust or giving gifts during your lifetime. You can also cover the cost of estate taxes by purchasing a life insurance policy intended to pay taxes. Talk to your life insurance agent to find out more about how this works.

WHERE SHOULD I KEEP MY WILL?

Once your will is written, store it in a safe place that is accessible to others after your death. I suggest that you keep it in a fire proof box that you can purchase at any office supply store. I do not suggest that you keep your will in a safe deposit box because many states will seal your safe deposit box upon your death. Make sure a close friend or relative knows where to find your will.

WHAT IS A LIVING WILL?

A living will is not a part of your will. It is a separate document that lets your family members know what type of care you do or don’t want to receive should you become terminally ill or permanently unconscious. It becomes effective only when you cannot express your wishes yourself. Discuss your wishes as reflected in your living will with family members, and be sure all your doctors have a signed copy.

WHAT IS A POWER OF ATTORNEY FOR HEALTH CARE (HEALTH CARE PROXY)?

A power of attorney for health care (health care proxy) is not a part of your will. It is a separate document that authorizes someone you name to act in accordance with your medical intentions. It becomes effective only when you cannot express your wishes yourself. You should make sure that all your doctors have a signed copy.

WHAT IS A FINANCIAL DURABLE POWER OF ATTORNEY?

A financial durable power of attorney is not a part of your will. It is a separate document that authorizes someone you name to act in accordance with your financial intentions. It becomes effective only when you cannot express your wishes yourself. You should make sure that all your financial professionals (stockbrokers, accountants, financial planners) and banks have a signed copy.

PLAN AHEAD

The end of your life is something you probably don’t want to dwell on, but thinking about what will happen to your loved ones and your assets and personal possessions is important. Making sure you’ve done all you can to make their lives easier will give you peace of mind. And once your will is drafted, you won’t have to think about it again unless something significant in your life changes.

About The Author

Sheri R. Abrams is an Attorney in Fairfax, VA. Her practice is limited to the areas of Social Security Disability Law and the preparation of wills, living wills, health and financial powers of attorney. Ms. Abrams is a graduate of Boston University’s School of Management and the George Washington University School of Law. Ms. Abrams is rated AV by Martindale-Hubbell. More information can be found at http://www.sheriabrams.com

sheri@sheriabrams.com

More articles at Article Database

Lawyers often receive inquiries about the legalities of recording phone or other conversations in Arizona. In particular, the issue frequently arises in family law cases where child custody is at issue. Related to the recording issue is the bugging issue.

There are a number of variables that affect the answer to the central question, whether it is legal to either record or even bug conversations. First, bugging and recording are two different issues under Arizona law, often related, but also potentially very different under the law. Second, the laws regarding bugging and recording vary significantly by jurisdiction so what is legal in one state may be illegal in another. As well, the federal law may vary from state laws.

The following is a very brief analysis of the bugging and recording law in Arizona:

A. Bugging, otherwise known as wiretapping, typically means placing a device on a phone that allows one to eavesdrop on a conversation or other transmission. Bugging by a private party is considered illegal almost all of the time for two reasons primarily: First, it allows someone to listen to a private conversation between two or more unsuspecting parties. Second, bugs are usually placed without permission so you have a number of infractions inherent in such trespass-like activity. If you suspect someone has placed a bug on your phone or other device, you should call the police.

B. In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. Thus, if someone tape records a phone call or conversation involving him/herself and another person, even one who is unaware of being recorded, that’s legal in Arizona. If the same person taps into a phone line and records a conversation between two people who are unaware they are being recorded, it is ILLEGAL. Arizona and federal law are similar in this respect; however, recording conversations is illegal in certain other states unless all parties know of the recording and consent. There may be some cross-jurisdictional issues involved when tape recording a conversation across state or national boundaries. Prior to tape recording, I recommend that you consult an attorney in the appropriate jurisdiction.

In summary, bugging/wiretapping is always illegal while tape recording is legal in Arizona as long as one party to the conversation is aware the conversation is being recorded. However, don’t make assumptions about the law in other states -consult an attorney to determine what is allowed.

Wilcox & Wilcox, P.C. Trent Wilcox For the Firm

Phoenix office: 3030 N. Central Ave., Ste. 705 Phoenix, Arizona 85012 Ph: 602-631-9555 Fx: 602-631-4004

Goodyear office: 1616 N. Litchfield Rd., Ste. 240 Goodyear, Arizona 85338 Ph: 623-344-7880 Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Check out our web log: www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may apply only to Arizona.

More articles at Article Database

Yeah, right. There is such a thing as Father’s Rights in the Family Court System, I just haven’t seen it. Father’s need to take matters into their own hands when it comes to gaining custody of their children.

Such was the case with Darren Jones. He had a great relationship with his daughter, a wonderful job and a beautiful wife. Until one day his wife decided she wanted nothing to do with him, and made that same decision for their daughter.

All Mr. Jones had to do was file divorce papers, claim that the father had been a non-existent part of their daughters life, and demand custody. Without any proof, the mother was then given an order for custody, and Mr. Jones was relegated to seeing his beloved daughter every other weekend.

Mr. Jones set out on his journey to get back his child, but found that the courts do not simply hand ANYTHING over to men. In fact, he realized the expensive lawyer he had hired thought his job description was to stall the whole issue as long as he could, as did Mrs. Jones’ representation.

Each court hearing yielded the same results. NOTHING. Every time he walked out of the courtroom, the feeling of desperation became more and more overwhelming. At many times in his battle, he thought long and hard about giving up. What’s the use? He thought, Nothing will ever change.

Years went bye, and as his daughter aged, his time became less and less with her. After time, her mothers alienation techniques began to work, and his daughter ended up seeing him a week or two in the summer, and that was it.

Please, understand that this scenario is a very real picture of what happens to most men. They try very hard to gain equal rights in the court system, but fail almost every time. It is a very real and urgent situation, that you do NOT want to happen to you.

You do have a chance. There are things that men can do to ensure themselves of a fair an equitable divorce in the Family Law system. But first you need to find the right information that can help you understand this system. If you do not take the time to research what you can do to help your case, no lawyer or legal professional can ever help you.

Look at this ebook by FamilyLawSecrets.com It has shown countless numbers of fathers what steps to take and what pitfalls to avoid during this trying time. It reveals the little known strategies and tactics that can level the playing field, and help you keep a relationship with your children.

I guarantee that your wife (or ex-wife) knows what she needs to do to take your children away from you. Fight back, and never give up on your children.

More articles at Articles Host