Many people, at some point in their life, will need help from someone else in their day-to-day responsibilities, health decisions and finances. For most people, this happens when they become legally "incapacitated", meaning they are no longer able to make those decisions for themselves. We see this with our parents and grandparents when they get dementia or Alzheimer, we see it with our children who turn 18, legally independent, but have things that prevent them from functioning independently, i.e. autism, brain tumor, etc.
For the former, our parents and grandparents, they could prevent needing a guardian and conservator by executing an advanced medical direction and power of attorney prior to their incapacitation. Those documents put in writing their wishes for who how decisions will be made and who will make those decisions on their behalf. However, for our children who are incapacitated prior to turning 18 and individuals who did not execute a power of attorney or advanced medical directive, we use a guardianship and conservatorship to ensure their rights are protected.
While they are typically done together, a guardian and conservator are two separate legal identities and can, in fact, be two different people. Let's start with a guardian. A guardian, is appointed by the court through a Petition for Guardianship, to take care of an individual on a day-to-day basis, make health decisions, etc. This person typically will report to the Department of Social Services, who oversees the guardianship and ensures the guardian is fulfilling his duties and responsibilities to the incapacitated individual. A conservator is the financial counterpart to the guardian. A conservator, appointed by the court through a Petition for Conservatorship, handles the incapacitated individual's finances. This person reports to an individual or agency; in Virginia it is the Commissioner of Accounts in the County where the incapacitated individual resides. This person will report all money coming in for the incapacitated individual and spell out how that money gets spent, invested, etc. The Commissioner of Accounts ensures that the conservator is appropriately handling the incapacitated individuals finances and not abusing their power. The guardian and conservator must report to the Department of Social Services and Commissioner of Accounts at least annually throughout the duration of their appointment as guardian and conservator (in most cases this is until the incapacitated individual passes away or a new guardian or conservator is needed).
To actually get a guardian and conservator appointed, the court will appoint a guardian ad litem to investigate the circumstances, ensure the incapacitated individual is represented and protected and make recommendations to the court on whether a guardian and conservator are necessary as well as who the court should appoint to act in those roles. During a hearing in court, the court will make those determinations and if appropriate, issue an order appointing someone as guardian and conservator.
So, if you have a family member or close friend who you think may be incapacitated, in need of legal assistance and without a valid power of attorney or advanced medical directive, you may need to begin the process of petitioning the court to appoint a guardian and conservator.
Monday, February 15, 2016
Tuesday, February 2, 2016
Why People Settle Law Suits
If you've never been involved in a law suit you may wonder why it is that people settle. Does it mean they admitted they were wrong? Does it mean they didn't think they would win the case?
Here's a bit about just some of the reasons people decide to settle in law suits:
1. To Avoid Risk
In every law suit, there is a risk that you will lose. Even if you think you have an airtight case, you have to remember that law suits evolve constantly, new evidence is discovered, the law may be clarified, etc. That means that the strength of your case could change suddenly. So, would you rather wait and see if you can win $500,000 with the potential of losing and getting $0 or would you rather take $200,000 today and avoid the risk of not getting anything.
2. Emotional costs
Being involved in a lawsuit, whether it is for divorce, wrongful termination, personal injury, or other types, is hugely emotional and stressful. As cases go on, some people decide it may not be worth the stress to keep fighting. Once a case is settled, people tend to find that they can then move on with life. Depending on the person and the circumstances surrounding the law suit, emotional costs could make someone want to settle their case.
3. Public Opinion
This comes into play more for large companies who do not want the bad publicity of a law suit. This alone may not cause someone to settle a case but it certainly comes into play. For example, if there was a sexual assault in the workplace, they may decide it would be a better business decision to try to settle the case rather than fight it in the public eye.
There are many, many reasons why people will decide to settle a case and these are just a few examples. The decision to settle is a complex decision and requires a lot of communication between the individual and their attorney. Remember, that's why you have an attorney, to provide you guidance on how to move forward in a case.
Here's a bit about just some of the reasons people decide to settle in law suits:
1. To Avoid Risk
In every law suit, there is a risk that you will lose. Even if you think you have an airtight case, you have to remember that law suits evolve constantly, new evidence is discovered, the law may be clarified, etc. That means that the strength of your case could change suddenly. So, would you rather wait and see if you can win $500,000 with the potential of losing and getting $0 or would you rather take $200,000 today and avoid the risk of not getting anything.
2. Emotional costs
Being involved in a lawsuit, whether it is for divorce, wrongful termination, personal injury, or other types, is hugely emotional and stressful. As cases go on, some people decide it may not be worth the stress to keep fighting. Once a case is settled, people tend to find that they can then move on with life. Depending on the person and the circumstances surrounding the law suit, emotional costs could make someone want to settle their case.
3. Public Opinion
This comes into play more for large companies who do not want the bad publicity of a law suit. This alone may not cause someone to settle a case but it certainly comes into play. For example, if there was a sexual assault in the workplace, they may decide it would be a better business decision to try to settle the case rather than fight it in the public eye.
There are many, many reasons why people will decide to settle a case and these are just a few examples. The decision to settle is a complex decision and requires a lot of communication between the individual and their attorney. Remember, that's why you have an attorney, to provide you guidance on how to move forward in a case.
What to Expect during a Divorce Settlement Conference
Many attorneys start the beginning of divorce cases attempting to reach a settlement or agreement resolving all of the issues in the case. This includes custody, division of property, retirement accounts, debts, spousal support, etc. Here's a bit about what to expect during a settlement conference.
There are two major types of settlement conferences. The first method is to do a 4-way settlement conference, meaning both parties and both attorneys are present. Typically, this happens in a conference room at an attorney's office. The attorneys will start to work through each issue to see if the parties can agree on some things. During this, there tends to be a lot of emotion, as you are literally sitting across the table from your soon to be ex-spouse. Of course, at any time, you and your attorney can step out and have private conversations. This tends to work in more amicable situations when there is less anger involved.
Personally, I prefer the second method of a settlement conference: judicial settlement conferences. In Virginia, a pending case can be referred to a retired judge to help facilitate settlement. Typically, in these cases, the attorneys will write out a settlement proposal, i.e., what their client wants to see happen with property and custody, and submit it to the judge ahead of time. Remember each judge conducts these a little bit differently. However, typically, once you arrive, the judge will me with both parties and both attorneys in a conference room - these tend to be held at the courthouse. The judge will go over the process and explain how he prefers to conduct his settlement conferences. In most cases, the judge will ask each attorney, or if the party prefers, each party, to give him a general idea of what the issues are and how we can all resolve them. After that, the judge will meet with each party and their attorney separately. At this point, it is a back and forth between each party as the judge tries to narrow the gap to reach a settlement.
To give you a real life example of this, Wife may come into a settlement conference requesting $5,000 per month in spousal support for 10 years and Husband may come into the settlement conference saying he will pay no more than $3,000 per month in spousal support for 8 years. What the judge might do, is bring the parties closer together and encouraging each of them to budge a little bit, so maybe we could all consider $4,000 per month for 9 years and compromise. The reason this works is because no one can know what a judge will do if you take your case to trial. The judge could award $8,000 per month for 15 years or the judge may simply deny spousal support. So, when Wife and Husband are in control of their situation, most people would prefer to agree to something a little higher or lower than they originally wanted rather than risk going to trial and having no control over what a judge will do.
Assuming the parties can reach an agreement, at the end of the settlement conference, one of two things will happen. If practical, the attorneys may draft the agreement on the spot and have both parties sign it that day. In many cases, however, that simply isn't practical. So while you will leave the conference with an agreement, the attorneys will go back to their respective offices, draft a full property settlement agreement and then have the parties sign it at a later date.
Settlement Conferences are important and serious but to calm your nerves, remember this meeting is all about agreement. You will not be forced to agree to something you don't want to and no rulings will be made by a judge that day. So take a deep breath and prepare to give and take a little bit.
There are two major types of settlement conferences. The first method is to do a 4-way settlement conference, meaning both parties and both attorneys are present. Typically, this happens in a conference room at an attorney's office. The attorneys will start to work through each issue to see if the parties can agree on some things. During this, there tends to be a lot of emotion, as you are literally sitting across the table from your soon to be ex-spouse. Of course, at any time, you and your attorney can step out and have private conversations. This tends to work in more amicable situations when there is less anger involved.
Personally, I prefer the second method of a settlement conference: judicial settlement conferences. In Virginia, a pending case can be referred to a retired judge to help facilitate settlement. Typically, in these cases, the attorneys will write out a settlement proposal, i.e., what their client wants to see happen with property and custody, and submit it to the judge ahead of time. Remember each judge conducts these a little bit differently. However, typically, once you arrive, the judge will me with both parties and both attorneys in a conference room - these tend to be held at the courthouse. The judge will go over the process and explain how he prefers to conduct his settlement conferences. In most cases, the judge will ask each attorney, or if the party prefers, each party, to give him a general idea of what the issues are and how we can all resolve them. After that, the judge will meet with each party and their attorney separately. At this point, it is a back and forth between each party as the judge tries to narrow the gap to reach a settlement.
To give you a real life example of this, Wife may come into a settlement conference requesting $5,000 per month in spousal support for 10 years and Husband may come into the settlement conference saying he will pay no more than $3,000 per month in spousal support for 8 years. What the judge might do, is bring the parties closer together and encouraging each of them to budge a little bit, so maybe we could all consider $4,000 per month for 9 years and compromise. The reason this works is because no one can know what a judge will do if you take your case to trial. The judge could award $8,000 per month for 15 years or the judge may simply deny spousal support. So, when Wife and Husband are in control of their situation, most people would prefer to agree to something a little higher or lower than they originally wanted rather than risk going to trial and having no control over what a judge will do.
Assuming the parties can reach an agreement, at the end of the settlement conference, one of two things will happen. If practical, the attorneys may draft the agreement on the spot and have both parties sign it that day. In many cases, however, that simply isn't practical. So while you will leave the conference with an agreement, the attorneys will go back to their respective offices, draft a full property settlement agreement and then have the parties sign it at a later date.
Settlement Conferences are important and serious but to calm your nerves, remember this meeting is all about agreement. You will not be forced to agree to something you don't want to and no rulings will be made by a judge that day. So take a deep breath and prepare to give and take a little bit.
Tuesday, May 19, 2015
Processes a business should have in place BEFORE they are accepting customers
When you are starting a new business, it is an extremely exciting time and everyone tends to get anxious to get their first client or customer! While all businesses certainly need clients/customers to become profitable, there are a few things you should make sure you have a procedure and policy in place for before you accept that first customer.
1. Intake
What procedures do you have in place for intake? If you are a restaurant or coffee shop, do you have an ordering system? A system to identify the customer with the order placed? If you are a housekeeping company, do you have a system to track your customers once you have accepted them as a customer?
Ensuring that you have a system to log your customers and their orders or services you provide for them, allows you to start off with a great impression and look professional. Aside from that it, and more importantly, perhaps, it allows you to ensure you will comply with all local, state and federal laws. Make sure your system tracks the amount charged to each customer and the amount paid by each customer (think taxes!). Make sure your system, if appropriate, provides for a contract between the customer and your business; this helps to reduce any possibility of disagreement or dissatisfaction as well as reduce the possibility of litigation.
2. Payments
How do you accept payments? Checks, money order, cash, credit cards? Credit cards may be a great option for your customers but ensure you understand the rules and regulations surrounding credit cards to ensure you are not violating any of those. For example, for attorneys, if you accept a credit card for a retainer, you need to ensure that the fee charged by the credit card company is not taken out of that retainer (unless agreed in an engagement contract like we mentioned above). You have to ensure you comply with certifications in accepting credit cards and provide a system to record those charges.
3. Standards of Operation
How are you going to operate once you have a client, or two, or twenty? How often are you expected to interact with that client and on what basis? Have you communicated that expectation to your client? Have you set up a process to remind you when you need to have those communications? Trust me on this one, you will think at the beginning that you can remember to call your client every two weeks. But soon, your business will be up and running and so busy that you can't possibly remember everything without a good calendaring system in place.
4. Closing Procedures
How do you end work with a customer or client? Is payment due at the end? What follow up procedures do you have to ensure you get paid? Do you have a closing contract to let the customer know that you have completed all the work? Do you have a follow up procedure to remind them you are there should they need assistance in the future?
Having these processes in place will help your company run smoothly. The end result of a smoothly run company is that you stay in compliance with local, state and federal laws and you reduce the likelihood of conflict or litigation. Get these things in place before you start accepting clients and your job will be much easier down the road.
Are you starting your own company or recently started a company? If you would like assistance in starting the company or maintaining the company in compliance with laws, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
1. Intake
What procedures do you have in place for intake? If you are a restaurant or coffee shop, do you have an ordering system? A system to identify the customer with the order placed? If you are a housekeeping company, do you have a system to track your customers once you have accepted them as a customer?
Ensuring that you have a system to log your customers and their orders or services you provide for them, allows you to start off with a great impression and look professional. Aside from that it, and more importantly, perhaps, it allows you to ensure you will comply with all local, state and federal laws. Make sure your system tracks the amount charged to each customer and the amount paid by each customer (think taxes!). Make sure your system, if appropriate, provides for a contract between the customer and your business; this helps to reduce any possibility of disagreement or dissatisfaction as well as reduce the possibility of litigation.
2. Payments
How do you accept payments? Checks, money order, cash, credit cards? Credit cards may be a great option for your customers but ensure you understand the rules and regulations surrounding credit cards to ensure you are not violating any of those. For example, for attorneys, if you accept a credit card for a retainer, you need to ensure that the fee charged by the credit card company is not taken out of that retainer (unless agreed in an engagement contract like we mentioned above). You have to ensure you comply with certifications in accepting credit cards and provide a system to record those charges.
3. Standards of Operation
How are you going to operate once you have a client, or two, or twenty? How often are you expected to interact with that client and on what basis? Have you communicated that expectation to your client? Have you set up a process to remind you when you need to have those communications? Trust me on this one, you will think at the beginning that you can remember to call your client every two weeks. But soon, your business will be up and running and so busy that you can't possibly remember everything without a good calendaring system in place.
4. Closing Procedures
How do you end work with a customer or client? Is payment due at the end? What follow up procedures do you have to ensure you get paid? Do you have a closing contract to let the customer know that you have completed all the work? Do you have a follow up procedure to remind them you are there should they need assistance in the future?
Having these processes in place will help your company run smoothly. The end result of a smoothly run company is that you stay in compliance with local, state and federal laws and you reduce the likelihood of conflict or litigation. Get these things in place before you start accepting clients and your job will be much easier down the road.
Are you starting your own company or recently started a company? If you would like assistance in starting the company or maintaining the company in compliance with laws, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Tuesday, April 21, 2015
Received a complaint for divorce? Meet with an attorney immediately!
You've received a Complaint for divorce in the mail, or on your front door and you probably want to put off dealing with it for as long as possible. Here's why you shouldn't put it off at all and meet with an attorney as soon as possible.
Once you are served a Complaint for divorce, you have 21 days to file your Answer and any potential counterclaims. Most likely, you want an attorney to handle those pleadings for you and begin advising you on your divorce case (see here for information on choosing an attorney). Those 21 days will go by very quickly and means you need to move fast. Here's an idea of what I mean: it will take you a couple of days most likely to get an appointment to meet with an attorney. After meeting with an attorney, you may want to take a few days to decide if that is the attorney you want to hire or if you want to meet with other attorneys before deciding (this could take anywhere from a day to over a week). Once you have retained your attorney (paid them a retainer and have a written agreement they will be representing you), your attorney has to draft the documents. Most attorneys, after drafting the documents, send those documents to you to review before filing. It may take a couple of days for you to review, the attorney to make any corrections and for the papers to be ready to be filed. If you even put off calling attorneys for a week, you have severely limited your options and created a huge time crunch for both you and your potential attorney. As soon as you get the complaint, start making plans to move forward.
If you fail to answer the complaint in a timely manner, your spouse can ask the court to deem anything stated in the Complaint as admitted by you. This means, if she alleges you deserted her or were cruel to her, you no longer have the opportunity to dispute those facts. Not being able to dispute those facts could create major legal problems towards the end of your divorce, particularly with child custody and spousal support.
These are important issues you are working through and the best way to protect yourself is to move in a timely manner so that you know and understand your rights and obligations and the best way to protect yourself.
If you are going through a divorce and would like an initial consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Once you are served a Complaint for divorce, you have 21 days to file your Answer and any potential counterclaims. Most likely, you want an attorney to handle those pleadings for you and begin advising you on your divorce case (see here for information on choosing an attorney). Those 21 days will go by very quickly and means you need to move fast. Here's an idea of what I mean: it will take you a couple of days most likely to get an appointment to meet with an attorney. After meeting with an attorney, you may want to take a few days to decide if that is the attorney you want to hire or if you want to meet with other attorneys before deciding (this could take anywhere from a day to over a week). Once you have retained your attorney (paid them a retainer and have a written agreement they will be representing you), your attorney has to draft the documents. Most attorneys, after drafting the documents, send those documents to you to review before filing. It may take a couple of days for you to review, the attorney to make any corrections and for the papers to be ready to be filed. If you even put off calling attorneys for a week, you have severely limited your options and created a huge time crunch for both you and your potential attorney. As soon as you get the complaint, start making plans to move forward.
If you fail to answer the complaint in a timely manner, your spouse can ask the court to deem anything stated in the Complaint as admitted by you. This means, if she alleges you deserted her or were cruel to her, you no longer have the opportunity to dispute those facts. Not being able to dispute those facts could create major legal problems towards the end of your divorce, particularly with child custody and spousal support.
These are important issues you are working through and the best way to protect yourself is to move in a timely manner so that you know and understand your rights and obligations and the best way to protect yourself.
If you are going through a divorce and would like an initial consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Wednesday, April 8, 2015
Why You Should Take Your Child Support Obligation Seriously
One of the most intense arguments co-parents have is over child support and finances. Typically, this results in one parent taking the other parent to court and having a child support order entered by the court. In some cases, this amount seems reasonable to both parents. In other cases, the parent having to pay the child support feels like it is too much and they are unable to pay that amount. Here's why you should take your child support obligation seriously:
1. It is ongoing and constantly accruing. Likely, you will be obligated to pay this child support until the child is 18 or graduates from high school. This means if you ignore this month's payment, next month you owe double. And if you ignore next month's payment, the following month you will owe triple the amount. Ignoring the payments only makes it add up to a bigger number.
2. Child support accrues interest. When you fail to pay child support, the amount that is owed and not paid (what we call the "arrearage"), accrues interest, typically at a rate of about 6%. This means, the support you weren't paying that we just talked about above in Number 1, is not only growing as more support accrues, but is growing by 6% every year.
3. When your child reaches the age of 18 or graduates from high school you still owe the arrearage and interest still accrues. Your child support obligation will never just disappear; it will constantly grow. In some cases, the state will even get involved in pursuing you to pay your child support.
4. You could lose your professional licenses and being held in contempt of court (i.e., jail). This means if you are a doctor, you could lose your license to practice medicine. If you are a lawyer, you could lose your license to practice law.
These are just the immediate, direct consequences of failing to pay child support. Additional consequences could include being denied credit or approval for a home loan due to large amounts of outstanding debt, losing your job, etc. If you are involved in a child support case and would like an initial consultation on that matter, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
1. It is ongoing and constantly accruing. Likely, you will be obligated to pay this child support until the child is 18 or graduates from high school. This means if you ignore this month's payment, next month you owe double. And if you ignore next month's payment, the following month you will owe triple the amount. Ignoring the payments only makes it add up to a bigger number.
2. Child support accrues interest. When you fail to pay child support, the amount that is owed and not paid (what we call the "arrearage"), accrues interest, typically at a rate of about 6%. This means, the support you weren't paying that we just talked about above in Number 1, is not only growing as more support accrues, but is growing by 6% every year.
3. When your child reaches the age of 18 or graduates from high school you still owe the arrearage and interest still accrues. Your child support obligation will never just disappear; it will constantly grow. In some cases, the state will even get involved in pursuing you to pay your child support.
4. You could lose your professional licenses and being held in contempt of court (i.e., jail). This means if you are a doctor, you could lose your license to practice medicine. If you are a lawyer, you could lose your license to practice law.
These are just the immediate, direct consequences of failing to pay child support. Additional consequences could include being denied credit or approval for a home loan due to large amounts of outstanding debt, losing your job, etc. If you are involved in a child support case and would like an initial consultation on that matter, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Friday, March 27, 2015
What's missing from your estate plan?
When we talk about estate planning in the simplest terms, we talk about three main documents: a will, an advanced medical directive and a power of attorney. Having those three documents will be very helpful in protecting you, your family and your assets in the future. Here are a few minor things that you should think about and consider to make your estate plan more well rounded.
1. Bank Accounts/Stocks
You may want to look at your bank accounts and stock holdings to see if you have a Pay on Death designation. If you designate someone to have your account or stocks paid out to upon your death, you can avoid putting those assets through probate, meaning less headache, less taxes and quicker transfer of money.
2. Life Insurance
Check to make sure your life insurance policies are still sufficient and properly designated. If you properly designate a beneficiary to your life insurance policies, that money will avoid probate as well.
3. Financial Plan
Meet with a financial planner to fully understand your finances and what your short term and long term goals are so that you have assets to transfer to your family in the future. Financial planners can insure you are investing properly and that you understand your investments and assets.
4. Real Estate
You may want to revisit any real estate you own. If appropriate for your family and situation, if you add family members to your deed, that property can transfer outside of probate as well.
Some of these items may not be appropriate or necessary for your estate plan but they are all things you should be thinking about and consider when formulating your plan. If you are in need of an estate plan or would like to have a review of your estate plan, contact us at (804) 447-0146 or clbaudean@baudeanlaw.com for an initial consultation.
1. Bank Accounts/Stocks
You may want to look at your bank accounts and stock holdings to see if you have a Pay on Death designation. If you designate someone to have your account or stocks paid out to upon your death, you can avoid putting those assets through probate, meaning less headache, less taxes and quicker transfer of money.
2. Life Insurance
Check to make sure your life insurance policies are still sufficient and properly designated. If you properly designate a beneficiary to your life insurance policies, that money will avoid probate as well.
3. Financial Plan
Meet with a financial planner to fully understand your finances and what your short term and long term goals are so that you have assets to transfer to your family in the future. Financial planners can insure you are investing properly and that you understand your investments and assets.
4. Real Estate
You may want to revisit any real estate you own. If appropriate for your family and situation, if you add family members to your deed, that property can transfer outside of probate as well.
Some of these items may not be appropriate or necessary for your estate plan but they are all things you should be thinking about and consider when formulating your plan. If you are in need of an estate plan or would like to have a review of your estate plan, contact us at (804) 447-0146 or clbaudean@baudeanlaw.com for an initial consultation.
Tuesday, March 24, 2015
Why I Do What I Do
Typically my posts are informational to help you have a better general understanding of the laws involved in my practice areas. Today, I want to take a different approach and tell you a little bit about me and why I love my job.
To sum it up: I want to help you move forward in life, whether it is an employment dispute that needs to be resolved, planning for your retirement and ensuring your family is taken care of or helping you handle your family matters through a divorce or custody dispute. I want to help you resolve the issue the best way possible to allow you to move on in life.
Here's some examples of why I love what I do:
Child custody is tough for everyone involved. While you and the other parent (or other relatives, sometimes) are trying to figure out what is going to work in terms of child custody, I understand that no matter how simple or complex the situation, it's a tough situation. I like to bring that aspect and that observation to the table in every matter to help you truly figure out what is going to be best for you and your family in the long term as well as the short term.
Going through a dispute with your employer can also cause a lot of stress in your life, regardless of what stage you are at in that dispute. Work is such a large part of our lives, I want to help you bring your disputes to resolution so that you can focus on the other parts of your life (family, friends, etc).
There is a lot of stress on people who do not have an adequate estate plan in place. Many people stay up late at night worried about the fact that they don't have the proper documents and precautions in place. I want to help relieve that stress and make sure you and your family are properly protected in the most efficient, stress-free way as possible.
So this is why I love my job: my clients come to me with important issues and I help them resolve those dilemmas so that they can move on and fully enjoy life. I love being in a position where I can truly help people and make a difference in their day to day lives.
I hope this post gives you a little bit of insight into my work and how I approach my cases. Don't worry, next time I'll be back with an informational post!
To sum it up: I want to help you move forward in life, whether it is an employment dispute that needs to be resolved, planning for your retirement and ensuring your family is taken care of or helping you handle your family matters through a divorce or custody dispute. I want to help you resolve the issue the best way possible to allow you to move on in life.
Here's some examples of why I love what I do:
Child custody is tough for everyone involved. While you and the other parent (or other relatives, sometimes) are trying to figure out what is going to work in terms of child custody, I understand that no matter how simple or complex the situation, it's a tough situation. I like to bring that aspect and that observation to the table in every matter to help you truly figure out what is going to be best for you and your family in the long term as well as the short term.
Going through a dispute with your employer can also cause a lot of stress in your life, regardless of what stage you are at in that dispute. Work is such a large part of our lives, I want to help you bring your disputes to resolution so that you can focus on the other parts of your life (family, friends, etc).
There is a lot of stress on people who do not have an adequate estate plan in place. Many people stay up late at night worried about the fact that they don't have the proper documents and precautions in place. I want to help relieve that stress and make sure you and your family are properly protected in the most efficient, stress-free way as possible.
So this is why I love my job: my clients come to me with important issues and I help them resolve those dilemmas so that they can move on and fully enjoy life. I love being in a position where I can truly help people and make a difference in their day to day lives.
I hope this post gives you a little bit of insight into my work and how I approach my cases. Don't worry, next time I'll be back with an informational post!
Friday, March 20, 2015
Can I ask the court to change our child custody arrangement?
Motions to Amend child custody and visitation are frequently filed. Typically, in Virginia, they are filed in the Juvenile and Domestic Relations Court. So, once a motion to amend is filed, how do we know whether the court will consider changing the custody arrangement?
First, you will have to show there has been a material change in circumstances since the last court order. What does that mean? Generally, it means something in your life, your children's life or the other parent's life has changed which affects the custody situation. This may be an illness of someone involved, a parent has moved, the parent has accepted a new job which changes their schedule, a parent has had another child, etc. The key here is that the change affects the custody arrangement (this makes it a material change in circumstance) and that whatever this change is, that it was not contemplated when the previous order was made (i.e., you didn't consider that the change was coming when the court previously addressed custody). So, if you've had another child, but when you were in court previously you were pregnant and the court considered that when determining custody, having that child does not necessarily constitute a change.
Second, you will have to prove that the change you are asking the court to make is in the best interests of the child. The court considers the factors listed here when determining what arrangement will be in the best interest of the child.
If you can prove that there is a material change in circumstances, the court will consider amending the custody arrangement. If you can then prove that the change you are asking for is in the best interests of the child, you may be able to succeed in changing the custody arrangement.
If you are involved in a custody or divorce dispute and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
First, you will have to show there has been a material change in circumstances since the last court order. What does that mean? Generally, it means something in your life, your children's life or the other parent's life has changed which affects the custody situation. This may be an illness of someone involved, a parent has moved, the parent has accepted a new job which changes their schedule, a parent has had another child, etc. The key here is that the change affects the custody arrangement (this makes it a material change in circumstance) and that whatever this change is, that it was not contemplated when the previous order was made (i.e., you didn't consider that the change was coming when the court previously addressed custody). So, if you've had another child, but when you were in court previously you were pregnant and the court considered that when determining custody, having that child does not necessarily constitute a change.
Second, you will have to prove that the change you are asking the court to make is in the best interests of the child. The court considers the factors listed here when determining what arrangement will be in the best interest of the child.
If you can prove that there is a material change in circumstances, the court will consider amending the custody arrangement. If you can then prove that the change you are asking for is in the best interests of the child, you may be able to succeed in changing the custody arrangement.
If you are involved in a custody or divorce dispute and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, March 16, 2015
Does your business have all of the necessary licenses?
Do you own a small business? The amount of administrative requirements small businesses have can grow overwhelming very quickly. Here's a small thing that you may have missed but is important to ensure is properly handled: business licenses.
Depending on your type of business, you may need additional licenses (i.e., attorneys need to license their law firms with the Virginia State Bar). Here's what you typically need:
1) Register with the SCC (State Corporation Commission). To do this, you will need to form a business (LLC, Sole Proprietorship, Corporation, etc) and file the initiating documents.
2) Obtain and register your registered agent. You can act as your own registered agent in may circumstances or you can retain a registered agent service to act as your registered agent. Either way, you need to ensure that information is properly filed with the SCC.
3) Obtain your local business license. Most, if not all, cities and counties require a local business license. To do this, you need to ensure your business address is in the proper zone (i.e. not residential in most cases).
As I mentioned, there may be additional licensing requirements depending on the nature of your business but these are the three most commonly required licenses. If you are starting your own business and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Depending on your type of business, you may need additional licenses (i.e., attorneys need to license their law firms with the Virginia State Bar). Here's what you typically need:
1) Register with the SCC (State Corporation Commission). To do this, you will need to form a business (LLC, Sole Proprietorship, Corporation, etc) and file the initiating documents.
2) Obtain and register your registered agent. You can act as your own registered agent in may circumstances or you can retain a registered agent service to act as your registered agent. Either way, you need to ensure that information is properly filed with the SCC.
3) Obtain your local business license. Most, if not all, cities and counties require a local business license. To do this, you need to ensure your business address is in the proper zone (i.e. not residential in most cases).
As I mentioned, there may be additional licensing requirements depending on the nature of your business but these are the three most commonly required licenses. If you are starting your own business and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Tuesday, March 10, 2015
3 Reasons Why Your Custody Agreement Should Be Through A Court Oder
Too many individuals come to me with child custody issues that have arisen from an agreement. The parents separated, agreed on how custody would look and left it at that. They might have even put their agreement in writing. While agreeing on child custody and visitation arrangements is typically a great thing and in the best interests of the child, here's why that is not enough:
1. Child custody can be adjusted anytime there is a material change of circumstances.
Child custody can always be amended if there is a material change of circumstances. What is a material change of circumstance? It is subjective but it could be, the child has now become school age, one of the parents has moved, a health issue has arisen.
If you use the court system to formalize your agreement, you can ensure the court knows the timing of that agreement (i.e. if dad says well I moved after the previous agreement, but the last court date shows it was before the previous agreement, that may not be considered a material change of circumstances).
It will be the responsibility of the party asking for the change to prove that there is a material change of circumstances.
2. Agreements, not formalized through court orders, are less enforceable.
Agreements are enforceable as a contract, assuming they meet the requirements to be considered a contract. Court orders are enforceable through the courts as the court enforcing their own order. This means the court has more power to enforce the agreement and can fine or potentially hold the party in contempt for not complying. The court cannot hold a person in contempt of court for simply violating an agreement.
3. Your agreement may be invalid or void.
Going through the court and making it a valid court order means that it will be valid and enforceable. Depending on the laws of your particular state, a verbal agreement or even a written agreement not notarized may not be sufficient to be a valid agreement. With something as important as your children, you want to make sure that all legal requirements are met to ensure it is valid and legal.
Now, here's the good news. Going through the courts does not have to mean a fight. If you and the other parent agree, you can go to the courthouse and file an agreed order. As always, I strongly suggest you consult with an attorney about your specific circumstances before moving forward.
If you are involved in a custody dispute and would like an initial consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, February 23, 2015
How is child support calculated?
Many of my clients need to know and understand how child support works. The formula can be somewhat complicated, but child support is typically based off of a formula. This formula is called the child support guidelines. In Virginia, the result of the child support guidelines is the starting point for how much child support one parent should pay the other. From there, the court may increase or decrease that amount depending on the specific circumstances of the case.
So how does this formula work? First, you have to have a custody and visitation arrangement in place. The court looks at that arrangement to determine what percentage of the time a child is with each parent. At the same time, the court looks to the incomes of each parent and combines them. The court also takes into account day care expenses, medical expenses and health insurance for the children.
Overall, the court uses the combined incomes to determine the total "cost" of raising the child. From there, the court looks at who's expending additional money for things such as day care and health insurance for the child. The court then takes the total "cost" of raising the child and pro-rates that amount to each parent based on the amount of time the child is in his/her care and custody. The difference in those amounts is what one parent will be paying the other parent.
Many courts will not award child support unless there is a petition for child support. That means, if dad petitions the court for child support, the court runs the child support guidelines and according to those guidelines, mom is actually the one owed support, the court may not award mom child support. Mom would have to file her own petition for child support in order for that award to be made.
In most cases, child support is also back dated to the date of the filing. So if you file for child support March 1, and the court does not hear the case and make an award until April 1, the person owing child support will owe approximately one month's worth of back child support for the time between the filing of the petition and the award of child support.
This is a basic formula that the courts use to get to a starting point for child support. The court may increase or decrease this amount but using this formula will give you a general idea of what a court may award for child support.
If you are involved in a child support case or looking to petition for child support and would like an initial consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
So how does this formula work? First, you have to have a custody and visitation arrangement in place. The court looks at that arrangement to determine what percentage of the time a child is with each parent. At the same time, the court looks to the incomes of each parent and combines them. The court also takes into account day care expenses, medical expenses and health insurance for the children.
Overall, the court uses the combined incomes to determine the total "cost" of raising the child. From there, the court looks at who's expending additional money for things such as day care and health insurance for the child. The court then takes the total "cost" of raising the child and pro-rates that amount to each parent based on the amount of time the child is in his/her care and custody. The difference in those amounts is what one parent will be paying the other parent.
Many courts will not award child support unless there is a petition for child support. That means, if dad petitions the court for child support, the court runs the child support guidelines and according to those guidelines, mom is actually the one owed support, the court may not award mom child support. Mom would have to file her own petition for child support in order for that award to be made.
In most cases, child support is also back dated to the date of the filing. So if you file for child support March 1, and the court does not hear the case and make an award until April 1, the person owing child support will owe approximately one month's worth of back child support for the time between the filing of the petition and the award of child support.
This is a basic formula that the courts use to get to a starting point for child support. The court may increase or decrease this amount but using this formula will give you a general idea of what a court may award for child support.
If you are involved in a child support case or looking to petition for child support and would like an initial consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, January 12, 2015
Resolving Divorce Through a Judicial Settlement Conference
In Virginia, we have a great option for people going through a divorce. While in any type of legal case, both parties can always come to a settlement agreement without involving a third party, Virginia provides an experienced third party to help the parties resolve their differences.
This is called a judicial settlement conference. As with any settlement conference, the parties sit down and try to work through each issue until it is resolved to everyone's satisfaction. In a judicial settlement conference, a retired judge helps the parties come to that resolution.
So now you might be thinking why involve a retired judge instead of trying to resolve it on your own? A retired judge has the experience of knowing what many judges are likely to do when faced with your facts and circumstances. He/she may be able to provide some insight to help you see what might happen if you do not resolve the case before trial. A retired judge also has the experience of understanding the emotions that come into play when you are going through a divorce and may be able to help you separate your emotions from the facts that you need to deal with in order to resolve the case.
Involving a third neutral party in settlement negotiations can always be helpful because that person has no real interest in how the case is resolved. Using a retired judge as that third party provides you with someone who knows the law and is experienced in the law to help you resolve the issues to the best of your ability.
If a judicial settlement conference is unsuccessful, the parties always have the option to continue negotiations or take the case to trial and have a judge rule on all of the issues. If you are going through a divorce, a judicial settlement conference may be a good avenue for you to attempt to resolve the case as amicably as possible.
If you are thinking about divorce or in the process of a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
This is called a judicial settlement conference. As with any settlement conference, the parties sit down and try to work through each issue until it is resolved to everyone's satisfaction. In a judicial settlement conference, a retired judge helps the parties come to that resolution.
So now you might be thinking why involve a retired judge instead of trying to resolve it on your own? A retired judge has the experience of knowing what many judges are likely to do when faced with your facts and circumstances. He/she may be able to provide some insight to help you see what might happen if you do not resolve the case before trial. A retired judge also has the experience of understanding the emotions that come into play when you are going through a divorce and may be able to help you separate your emotions from the facts that you need to deal with in order to resolve the case.
Involving a third neutral party in settlement negotiations can always be helpful because that person has no real interest in how the case is resolved. Using a retired judge as that third party provides you with someone who knows the law and is experienced in the law to help you resolve the issues to the best of your ability.
If a judicial settlement conference is unsuccessful, the parties always have the option to continue negotiations or take the case to trial and have a judge rule on all of the issues. If you are going through a divorce, a judicial settlement conference may be a good avenue for you to attempt to resolve the case as amicably as possible.
If you are thinking about divorce or in the process of a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, December 15, 2014
Questions to Ask Yourself Before Christmas Break for your Children
If you have a custody agreement or order in place, here are a few questions you should be able to answer BEFORE your child's Christmas break starts.
1. What dates are the children with me and what dates are they with their other parent over the winter break?
2. On dates that the children move from one house to another, what time does this move take place?
3. On dates that the children move from one house to another, who is responsible for the transportation and/or where do I meet the other parent?
4. How do we handle Christmas and Christmas Eve if the children are not with me for those nights? Are we doing a separate Christmas celebration before or after?
5. Do we have a plan for the children to talk to both of their parents on Christmas Eve or Christmas Day?
6. Have I reviewed the plan with the children's other parent to ensure we are on the same page?
Custody agreement and court orders are great to have in place but, by nature of the circumstances, will never include every detail on how to handle things that come up. It's a good idea to work with the other parent now, rather than later, to make sure you both understand your responsibilities over the winter break.
The last thing you want is for your children to be uncertain of who's house they will be at and when, all while they are getting excited for Christmas to be here. You also don't want to have to be dealing with arguing over details when you are trying to get in the Christmas spirit and enjoy your holidays as well.
Answer those questions to yourself and then have a conversation with your children's other parent to make sure you both agree on all of the the answers. This will help ensure you have a great, peaceful holiday and more importantly, your children will too.
If you need help interpreting your agreement or coming to a new one quickly, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
1. What dates are the children with me and what dates are they with their other parent over the winter break?
2. On dates that the children move from one house to another, what time does this move take place?
3. On dates that the children move from one house to another, who is responsible for the transportation and/or where do I meet the other parent?
4. How do we handle Christmas and Christmas Eve if the children are not with me for those nights? Are we doing a separate Christmas celebration before or after?
5. Do we have a plan for the children to talk to both of their parents on Christmas Eve or Christmas Day?
6. Have I reviewed the plan with the children's other parent to ensure we are on the same page?
Custody agreement and court orders are great to have in place but, by nature of the circumstances, will never include every detail on how to handle things that come up. It's a good idea to work with the other parent now, rather than later, to make sure you both understand your responsibilities over the winter break.
The last thing you want is for your children to be uncertain of who's house they will be at and when, all while they are getting excited for Christmas to be here. You also don't want to have to be dealing with arguing over details when you are trying to get in the Christmas spirit and enjoy your holidays as well.
Answer those questions to yourself and then have a conversation with your children's other parent to make sure you both agree on all of the the answers. This will help ensure you have a great, peaceful holiday and more importantly, your children will too.
If you need help interpreting your agreement or coming to a new one quickly, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Wednesday, November 5, 2014
Think Twice Before Modifying Your Car
Most people are aware that many modifications to cars are illegal: a louder exhaust, different headlights, license plate covers, etc. However, most people are also willing to risk that minor traffic ticket to have their car look a certain way. There may be more serious consequences to those "minor" modifications.
In the past, we have certainly advocated that you prevent all possible circumstances in which you would drive after drinking (if you haven't seen those posts, here's a good start for you: More Than Just A DUI). What we have not yet addressed is how some DUI arrests come about.
Aside from some exceptions (such as DUI checkpoints), the police officer must have reasonable suspicion and/or probable cause (depending on the situation) to pull you over while you are driving. They cannot randomly target you to pull you over to see if you have been drinking (again, there are some exceptions to this). So here is how the scenario plays out: you decided you wanted a modified exhaust for your car and this exhaust happens to be an illegal modification. A few weeks, months, etc. later you go to happy hour with co-workers after a long day and have a couple beers. You've paced yourself and feel fine to drive so you get in your car to drive home.
Let's stop here for a moment for a brief note. You should realize you may FEEL fine to drive and may not actually be fine to drive. Most people do not get into a car after happy hour thinking they should not be driving and decide to drive anyways.
Now, back to our scenario. You are driving home and are not swerving or showing any other signs that you are intoxicated or have had a couple of drinks. You don't go through a checkpoint. You do, however, pass a police officer, who happens to suspect that your exhaust is an illegal modification to your car. That police officer then pulls you over to ticket you for your illegal exhaust (this is the minor ticket you decided was worth risking for having your car the way you like). During this minor traffic stop, the police officer notices a smell of alcohol on your breath. From here, it all of the sudden turns from a minor traffic stop to a DUI investigation in which you may be subjected to field sobriety tests, breathalyzers and potentially arrested for a DUI.
The point of this post is to bring awareness to you that minor modifications to vehicles may have more long term, serious consequences that you should seriously consider before making those modifications. Our bigger message, however, is to continue to raise awareness to you and the community that having a couple of drinks and then driving is a bad idea all around.
If you have any questions about this post, have been charged with a minor traffic offense or a DUI and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com
In the past, we have certainly advocated that you prevent all possible circumstances in which you would drive after drinking (if you haven't seen those posts, here's a good start for you: More Than Just A DUI). What we have not yet addressed is how some DUI arrests come about.
Aside from some exceptions (such as DUI checkpoints), the police officer must have reasonable suspicion and/or probable cause (depending on the situation) to pull you over while you are driving. They cannot randomly target you to pull you over to see if you have been drinking (again, there are some exceptions to this). So here is how the scenario plays out: you decided you wanted a modified exhaust for your car and this exhaust happens to be an illegal modification. A few weeks, months, etc. later you go to happy hour with co-workers after a long day and have a couple beers. You've paced yourself and feel fine to drive so you get in your car to drive home.
Let's stop here for a moment for a brief note. You should realize you may FEEL fine to drive and may not actually be fine to drive. Most people do not get into a car after happy hour thinking they should not be driving and decide to drive anyways.
Now, back to our scenario. You are driving home and are not swerving or showing any other signs that you are intoxicated or have had a couple of drinks. You don't go through a checkpoint. You do, however, pass a police officer, who happens to suspect that your exhaust is an illegal modification to your car. That police officer then pulls you over to ticket you for your illegal exhaust (this is the minor ticket you decided was worth risking for having your car the way you like). During this minor traffic stop, the police officer notices a smell of alcohol on your breath. From here, it all of the sudden turns from a minor traffic stop to a DUI investigation in which you may be subjected to field sobriety tests, breathalyzers and potentially arrested for a DUI.
The point of this post is to bring awareness to you that minor modifications to vehicles may have more long term, serious consequences that you should seriously consider before making those modifications. Our bigger message, however, is to continue to raise awareness to you and the community that having a couple of drinks and then driving is a bad idea all around.
If you have any questions about this post, have been charged with a minor traffic offense or a DUI and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com
Tuesday, November 4, 2014
3 Things to Know Before You Meet with a Divorce Attorney
Many of my clients come to me and are nervous about meeting with me, a divorce attorney. This tends to come from not being sure what to expect from meeting with a divorce attorney. As I've said before, it is important you at least meet with a divorce attorney very early on in the process (or better yet, BEFORE you begin the process). Find out more about that, here
If you are considering divorce, here's a few things to know before you meet with an attorney and what to expect from that meeting. Keep in mind, however, each attorney operates slightly differently and each case is unique so you're initial meeting may vary to some degree.
1. Be ready to tell your story.
When I first meet with a potential client, it is important that I gather as much information as possible. Don't worry about having every detail down pat but do go into the meeting knowing the basics of how you came into the marriage and how the marriage has changed, what has caused you to consider divorce, etc.
2. Bring some questions.
We, attorneys as a whole, want to be helpful. Bring some questions that you have to your initial meeting. Make a list of questions you have about the process, the attorney and your specific situation. We will typically do our best to answer your questions that you bring to us. However, you should know that each divorce case is different, unique and in some way complicated. As a result of that, some of the answers to your questions may not be clear at the initial meeting; the attorney may need to research the law or may need some additional information from you before being able to provide you a complete answer.
3. Remember confidentiality.
Some people are nervous about meeting with an attorney because they are providing that attorney very personal, intimate information about their lives. Remember that your meeting with the attorney, even if you decide not to retain that attorney, is confidential and cannot be shared with anyone else at any time. Also remember that divorce attorneys handle a lot of divorce cases. We are in the business of protecting you, not judging you. After considering these things, if you still do not feel comfortable being honest and providing that information to an attorney, that attorney may not be the right fit for you.
At the conclusion of your initial consultation, the decision rests in your hands. If you do not feel comfortable or for any reason are hesitant about retaining that attorney, you are under no obligation to hire them. Even if you are comfortable and feel positively about the meeting, you may still want to meet with other attorneys to determine which attorney is the best fit.
If you are contemplating divorce or are currently involved in a divorce or custody case and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
If you are considering divorce, here's a few things to know before you meet with an attorney and what to expect from that meeting. Keep in mind, however, each attorney operates slightly differently and each case is unique so you're initial meeting may vary to some degree.
1. Be ready to tell your story.
When I first meet with a potential client, it is important that I gather as much information as possible. Don't worry about having every detail down pat but do go into the meeting knowing the basics of how you came into the marriage and how the marriage has changed, what has caused you to consider divorce, etc.
2. Bring some questions.
We, attorneys as a whole, want to be helpful. Bring some questions that you have to your initial meeting. Make a list of questions you have about the process, the attorney and your specific situation. We will typically do our best to answer your questions that you bring to us. However, you should know that each divorce case is different, unique and in some way complicated. As a result of that, some of the answers to your questions may not be clear at the initial meeting; the attorney may need to research the law or may need some additional information from you before being able to provide you a complete answer.
3. Remember confidentiality.
Some people are nervous about meeting with an attorney because they are providing that attorney very personal, intimate information about their lives. Remember that your meeting with the attorney, even if you decide not to retain that attorney, is confidential and cannot be shared with anyone else at any time. Also remember that divorce attorneys handle a lot of divorce cases. We are in the business of protecting you, not judging you. After considering these things, if you still do not feel comfortable being honest and providing that information to an attorney, that attorney may not be the right fit for you.
At the conclusion of your initial consultation, the decision rests in your hands. If you do not feel comfortable or for any reason are hesitant about retaining that attorney, you are under no obligation to hire them. Even if you are comfortable and feel positively about the meeting, you may still want to meet with other attorneys to determine which attorney is the best fit.
If you are contemplating divorce or are currently involved in a divorce or custody case and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, October 20, 2014
What To Do With Your Will
Having a will is a great thing, as I'm sure you've noticed from my previous posts. However, getting that will drafted and signed is only half the battle. Here's a few tips for what to do now that you have your will in hand.
1. Find a safe place to keep it.
Take some time to think about your lifestyle and your family members' lifestyles and determine the best place to store your original will. One place a lot of people think of but should probably NOT use is a safe deposit box. If your family members are unable to access your safe deposit box without you, they will not be able to obtain the will if you pass away (same goes for your advanced medical directive and power of attorney). You probably want to keep it somewhere safe, such as a an actual safe and want to keep in mind that it should be durable. One potentially good option is to store it in a fireproof safe.
2. Make sure your family members know how to find it.
Once you've determined where to store your will, you want to make sure your family members and/or anyone named in the will know how to access it. If it is in a fire proof safe, does someone have the code to unlock the safe? Do they know exactly where you store your fire proof safe? Your will might not do you any good if no one can find it when it's time to use it.
3. Give copies to all your family members.
It is often a good idea to give each family member or person who is named in the will a copy of your will. This may come in handy should your will become lost or accidentally destroyed in the future. In addition, it will make your wishes and desires less of a shock when the time comes to execute those wishes and desires.
4. Talk to your family members about your wishes.
It is usually a good idea to have a conversation with your loved ones about the wishes that you put in your will. It may give you the opportunity to clear up any vague wishes and make sure your family is on the same page. While the will gives your wishes and desires enforceability, it creates a calmer, more peaceful time for your family if they already know and understand exactly how you want things to happen.
A will is a great tool to have for yourself and your family members. However, taking the above listed actions ensures that your wishes are more understood and heightens the possibility that everything will happen smoothly and exactly as you wish.
If you would like a consultation on a will or other estate planning documents, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
1. Find a safe place to keep it.
Take some time to think about your lifestyle and your family members' lifestyles and determine the best place to store your original will. One place a lot of people think of but should probably NOT use is a safe deposit box. If your family members are unable to access your safe deposit box without you, they will not be able to obtain the will if you pass away (same goes for your advanced medical directive and power of attorney). You probably want to keep it somewhere safe, such as a an actual safe and want to keep in mind that it should be durable. One potentially good option is to store it in a fireproof safe.
2. Make sure your family members know how to find it.
Once you've determined where to store your will, you want to make sure your family members and/or anyone named in the will know how to access it. If it is in a fire proof safe, does someone have the code to unlock the safe? Do they know exactly where you store your fire proof safe? Your will might not do you any good if no one can find it when it's time to use it.
3. Give copies to all your family members.
It is often a good idea to give each family member or person who is named in the will a copy of your will. This may come in handy should your will become lost or accidentally destroyed in the future. In addition, it will make your wishes and desires less of a shock when the time comes to execute those wishes and desires.
4. Talk to your family members about your wishes.
It is usually a good idea to have a conversation with your loved ones about the wishes that you put in your will. It may give you the opportunity to clear up any vague wishes and make sure your family is on the same page. While the will gives your wishes and desires enforceability, it creates a calmer, more peaceful time for your family if they already know and understand exactly how you want things to happen.
A will is a great tool to have for yourself and your family members. However, taking the above listed actions ensures that your wishes are more understood and heightens the possibility that everything will happen smoothly and exactly as you wish.
If you would like a consultation on a will or other estate planning documents, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Tuesday, October 14, 2014
5 Things To Do After A Loved One Passes Away
In the weeks and months following the death of a loved one, you may be overwhelmed with what to do next. It is difficult to deal with your emotions and the legal processes that need to be completed. Here's a list of a few things you may need to be taking care of after a loved one passes away.
1. Obtain the death certificate.
You will need to obtain the death certificate for your loved one and most likely, you will need more than one. The following people may require a death certificate: the court (where your loved one's property will be distributed through probate), the banks (for any joint bank accounts and/or safe deposit boxes), stock companies with whom your loved one held stock, etc. While you can order additional death certificates in the future, it's a good idea to try to figure out about how many you will need and order them all at once.
2. Schedule an appointment with a probate and/or estate planning attorney.
You will want to sit down with your attorney to go over the details of how your loved one's property is going to be distributed. You should do this regardless of whether you will be the person administering the estate because you want to ensure your property rights will be protected as well. An attorney will give you a basic idea of what the legal process will look like for you as the property is distributed over the coming months or years.
3. Schedule an appointment with the probate court.
The first step to distributing property is to schedule an appointment with the probate court. You will need to bring the original will, the death certificate and a check (for an amount the court will specify). When you schedule your appointment, make sure you ask what all the court requires you to bring to the meeting so that you do not have to schedule a second meeting.
4. Get organized.
Going through probate, if you are administering the estate (i.e., making the distributions), you will need to have very detailed records of all property owned by your loved one, any property earned after your loved one's passing and any property distributed after your loved one's passing. The sooner you get all of the property organized and have a method to maintain your records, the better off you will be in the long run. This is something you may want to talk with your attorney about while you are doing #2 above.
5. Revisit your will, advanced medical directive and power of attorney.
When a close loved one passes away, it may affect your current estate plan. If that person was designated as your power of attorney, you may want to have a new power of attorney drawn up so that it remains valid and in effect. It may also effect your will and how your property is distributed, or more importantly, who will be taking care of your children should something happen to you.
There is obviously much more that will likely need to be done; however, by doing these 5 things you should be headed in the right direction to obtain some closure and honor your loved one's wishes.
If you have recently had a love one pass away and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
1. Obtain the death certificate.
You will need to obtain the death certificate for your loved one and most likely, you will need more than one. The following people may require a death certificate: the court (where your loved one's property will be distributed through probate), the banks (for any joint bank accounts and/or safe deposit boxes), stock companies with whom your loved one held stock, etc. While you can order additional death certificates in the future, it's a good idea to try to figure out about how many you will need and order them all at once.
2. Schedule an appointment with a probate and/or estate planning attorney.
You will want to sit down with your attorney to go over the details of how your loved one's property is going to be distributed. You should do this regardless of whether you will be the person administering the estate because you want to ensure your property rights will be protected as well. An attorney will give you a basic idea of what the legal process will look like for you as the property is distributed over the coming months or years.
3. Schedule an appointment with the probate court.
The first step to distributing property is to schedule an appointment with the probate court. You will need to bring the original will, the death certificate and a check (for an amount the court will specify). When you schedule your appointment, make sure you ask what all the court requires you to bring to the meeting so that you do not have to schedule a second meeting.
4. Get organized.
Going through probate, if you are administering the estate (i.e., making the distributions), you will need to have very detailed records of all property owned by your loved one, any property earned after your loved one's passing and any property distributed after your loved one's passing. The sooner you get all of the property organized and have a method to maintain your records, the better off you will be in the long run. This is something you may want to talk with your attorney about while you are doing #2 above.
5. Revisit your will, advanced medical directive and power of attorney.
When a close loved one passes away, it may affect your current estate plan. If that person was designated as your power of attorney, you may want to have a new power of attorney drawn up so that it remains valid and in effect. It may also effect your will and how your property is distributed, or more importantly, who will be taking care of your children should something happen to you.
There is obviously much more that will likely need to be done; however, by doing these 5 things you should be headed in the right direction to obtain some closure and honor your loved one's wishes.
If you have recently had a love one pass away and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Tuesday, October 7, 2014
3 Things You Should Consider Including in Your Property Settlement Agreement
Hopefully during your divorce proceedings you and your soon to be ex-spouse will be able to come to an agreement on all aspects of the divorce: property distribution, child custody, support, etc. If you are, then you (or hopefully, your attorney) will be drafting your property settlement agreement (also called a separation agreement). Here are three things you should consider including in your agreement.
1. Neither parent is to have overnight guests of the opposite sex while the child is in their care.
While this may sound unreasonable, it protects your children in a lot of ways. The court may order this but if you are in the process of settling your divorce case this is something you and your soon to be ex-spouse should consider adding to your agreement.
2. Neither parent is to consume alcohol or illegal drugs while the child is in their care.
This may sound obvious but it is important to put in your agreement if you think there may be an issue with this. You can add a similar provision that has whatever language you want - if you agree that it is okay to have a beer or glass of wine while the child is in your care, maybe you limit the language to illegal drugs. Either way, this is a good idea to consider putting in your agreement.
3. Neither parent is to disparage the other in front of the children.
We all know everyone needs to vent every now and then and there is no problem with that. There may be a problem, however, if it is done in front of the children. Saying negative comments about the other parent when the children can hear can cause long term consequences and is generally not a good idea.
These are important for a couple of reasons. First, it opens the lines of communication to ensure you and your soon to be ex-spouse are actually on the same page and agree with how things will work from here on out. Second, if one of those issues becomes a problem in the future, you now have a way to enforce those concepts through your agreement, rather than being forced to go to the court to modify the terms of the custody or visitation of your child, if applicable. Even if you think these concepts are a given and you and your soon to be ex-spouse are definitely on the same page, if it is not in your agreement, it may not be enforceable in the future.
If you are thinking about a divorce or going through a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
1. Neither parent is to have overnight guests of the opposite sex while the child is in their care.
While this may sound unreasonable, it protects your children in a lot of ways. The court may order this but if you are in the process of settling your divorce case this is something you and your soon to be ex-spouse should consider adding to your agreement.
2. Neither parent is to consume alcohol or illegal drugs while the child is in their care.
This may sound obvious but it is important to put in your agreement if you think there may be an issue with this. You can add a similar provision that has whatever language you want - if you agree that it is okay to have a beer or glass of wine while the child is in your care, maybe you limit the language to illegal drugs. Either way, this is a good idea to consider putting in your agreement.
3. Neither parent is to disparage the other in front of the children.
We all know everyone needs to vent every now and then and there is no problem with that. There may be a problem, however, if it is done in front of the children. Saying negative comments about the other parent when the children can hear can cause long term consequences and is generally not a good idea.
These are important for a couple of reasons. First, it opens the lines of communication to ensure you and your soon to be ex-spouse are actually on the same page and agree with how things will work from here on out. Second, if one of those issues becomes a problem in the future, you now have a way to enforce those concepts through your agreement, rather than being forced to go to the court to modify the terms of the custody or visitation of your child, if applicable. Even if you think these concepts are a given and you and your soon to be ex-spouse are definitely on the same page, if it is not in your agreement, it may not be enforceable in the future.
If you are thinking about a divorce or going through a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, September 29, 2014
5 Ways An Attorney Can Help You During Divorce
Many people hire attorneys to help them navigate the divorce process but do you really know what all an attorney can do for you? These are 5 things that attorneys do as a regular part of their job that you may or may not know about.
1.Draft the legal documents.
In a divorce, there are many documents that need to be drafted which may be invalid if not properly drafted. These include but are not limited to: Complaint for Divorce, Property Settlement Agreement, Depositions/Affidavits, Final Decree of Divorce. An attorney will know and research exactly how to draft these documents to protect you in the future.
2. Provide legal advice.
Aside from the documents that must be filed, an attorney gives you legal advice. This means the attorney will tell you whether or not a property settlement agreement is a good idea and if it's an offer you should consider accepting. An attorney can provide advice on how to work out an appropriate visitation schedule for your children or how to handle a sudden change in that schedule (i.e., your ex-spouse did not bring the children home when he/she should have).
3. Negotiate.
An attorney knows the tactics and strategies for negotiating a settlement agreement with your spouse. Not being personally involved in the case, the attorney is not clouded by the extensive emotions that come into a divorce and can effectively negotiate on your behalf.
4. Direct you to other professionals.
An attorney should be able to provide you with the resources you need to make it through your divorce. He/she should be able to give you references for a therapist or financial advisor should you need or want one.
5. Explain the outcome.
If you do end up in court with a judge determining the outcome of your divorce, your attorney can explain to you what the judge has ruled, what your obligations are and what you should expect moving forward and, if applicable, how to change that ruling in the future (i.e, appeal, motion to reconsider, etc.).
An attorney can do many things for you during your divorce process and these are only a few of the ways an attorney can help you. If you are unsure of where to turn for help during your divorce, it doesn't hurt to call your attorney and see if they can help you. If you are going through a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
1.Draft the legal documents.
In a divorce, there are many documents that need to be drafted which may be invalid if not properly drafted. These include but are not limited to: Complaint for Divorce, Property Settlement Agreement, Depositions/Affidavits, Final Decree of Divorce. An attorney will know and research exactly how to draft these documents to protect you in the future.
2. Provide legal advice.
Aside from the documents that must be filed, an attorney gives you legal advice. This means the attorney will tell you whether or not a property settlement agreement is a good idea and if it's an offer you should consider accepting. An attorney can provide advice on how to work out an appropriate visitation schedule for your children or how to handle a sudden change in that schedule (i.e., your ex-spouse did not bring the children home when he/she should have).
3. Negotiate.
An attorney knows the tactics and strategies for negotiating a settlement agreement with your spouse. Not being personally involved in the case, the attorney is not clouded by the extensive emotions that come into a divorce and can effectively negotiate on your behalf.
4. Direct you to other professionals.
An attorney should be able to provide you with the resources you need to make it through your divorce. He/she should be able to give you references for a therapist or financial advisor should you need or want one.
5. Explain the outcome.
If you do end up in court with a judge determining the outcome of your divorce, your attorney can explain to you what the judge has ruled, what your obligations are and what you should expect moving forward and, if applicable, how to change that ruling in the future (i.e, appeal, motion to reconsider, etc.).
An attorney can do many things for you during your divorce process and these are only a few of the ways an attorney can help you. If you are unsure of where to turn for help during your divorce, it doesn't hurt to call your attorney and see if they can help you. If you are going through a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
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