Posted on January 05, 2017 in Divorce

Some people change their name to make it easier to spell or pronounce. Other people change their name because of marriage, divorce or family problems

People can use any name they want, as long as they do not choose it for a fraudulent purpose (such as to defraud creditors) and it does not invade someone else's privacy. Also, people cannot use a number as their name. One man tried to change his name to the roman numeral "III" (pronounced "three"). Before that, a man tried to change his name to "1069." Both name change requests were denied. The courts are unanimous that a number is not a name.

How to Change a Name

Most states allow a simple method for changing a name. A person can just start regularly using the new name and change his or her driver's license, social security card and other documents. All states also have a formal court procedure that can be used for a name change.

Government agencies, banks and other businesses sometimes will not issue documents unless they have certification that the new name really belongs to the applicant. Thus, changing a name is often simplified by using the formal court procedure, even in states that do not require it. The formal procedure consists mainly of publishing the proposed new name in a local newspaper and then getting a court order certifying the name change. A copy of the court's order can be used to show anyone that the new name is official.

Changing Your Name After Marriage or Divorce

In our society, women have often adopted the last name of their husband. But no law requires this, and the custom is changing. Many married women now keep their maiden name. In some marriages, both partners use a combination of their last names. For example, when Susan Smith and John Jones marry, they may use the name Susan and John Smith-Jones. No law prohibits this practice.

Many women who changed their name when they were married often want to go back to their maiden name if they divorce. There are several ways to do this, including going through the formal name change process discussed above or simply resuming use of the prior name and changing driver's licenses and other documents accordingly.

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 Posted on January 05, 2017 in Real Estate

The "closing" of the purchase of a home is when the parties formally complete the sale. At the closing, the documents are reviewed one final time to make sure all terms and conditions have been met. Also, the balance of the purchase price is paid to the seller, the seller delivers a deed giving title to the buyer, and the buyer receives the keys to the property.

Financial aspects of a closing involve adjustments to determine just how much the buyer must pay. The seller gets credit for items it has prepaid but that benefit the buyer (such as taxes), and the buyer gets credit for items the seller owes but has not paid.

The image of a typical closing is of people signing many documents without reading them. Unfortunately, this is often the case. However, signing these documents without reading and understanding them can cause problems later, especially if they were prepared by the other side. It is better to get legal help well before the closing, when your lawyer can review the offer, purchase agreement, and other documents, and can add or correct terms to help protect your interests.

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 Posted on January 05, 2017 in Real Estate

Buying a home is likely the biggest and most complex transaction you'll ever make. Though most home sales work out well, some do not and result in costly disputes. There are easy ways, however, to reduce the chance of problems. Here are tips.

• The Contract. When you find the home you want, you will submit a written offer. If accepted, it becomes the contract. Although the offer will likely be on a pre-printed form with much small type, it's vital for you to read and understand it before signing, as it covers all aspects of the purchase, including the sale price, deposit amount, inspection and repair requirements, and how disputes are resolved.
  
  Even though the offer is on a pre-printed form, remember that all terms are still negotiable. Thus, it's a good idea to have your lawyer review the document before you sign it. Your lawyer can make sure there are provisions to protect you, including:
• A mortgage contingency clause. This gives you the right to cancel the deal if you are unable to get a loan.

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 Posted on January 05, 2017 in Estate Planning

Most people know that a will lets them determine who will receive their property when they die. Despite this significant benefit, relatively few people have wills.

If you die without a will, your property will be distributed according to state law. It may not be distributed the way you want, since it is distributed without considering the needs or circumstances of recipients.

A will can do more than just determine how property is distributed upon death. It can name an executor. The executor will oversee your estate's financial affairs during "probate," including making sure your debts are paid and that your property is distributed as stated in your will. Without a will, a judge chooses your executor.

A will can also set up a trust, which can help save taxes. Thus, for people with substantial assets (like a home), a will can be a cost-saving tool.

For married couples with young children, wills are essential. Each spouse should have a will in order to select a guardian for the children in case both parents die. The guardian will raise the children and manage their money. Without a will, the critical decision of who will be your children's guardian will be left to a judge.

Updating Your Will

It is a good idea to review your will with your lawyer every two to three years to make sure that it is up-to-date with your current family circumstances and tax laws. In addition, it is especially important to review and update your will when:

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 Posted on January 05, 2017 in Allocation of Parental Responsibilities

Among the difficult questions facing separating or divorcing parents are who will have custody of the children and what visitation rights will be given to the spouse without custody. Here are some basics about child custody and visitation rights that can help resolve these questions.

Child Custody

If the parents agree on who gets custody, the court usually accepts their choice. If the parents cannot agree, the court decides. It bases its decision on what's best for the child and considers various factors, including the child's preference, his or her health and welfare, and which arrangements will provide the most and best contact with both parents.

There are various child custody arrangements to choose from. Here are the main forms.

* Sole custody. In this traditional custody arrangement, one parent is designated as custodian, both legally and physically. The child lives with the designated parent, who has all legal rights and duties for the child and makes all parental decisions (though the other parent may have some input on decisions).

* Joint legal custody and sole physical custody. Joint legal custody means both parents make major decisions about the child together. This arrangement works better when the parents are on cordial terms. In many joint custody arrangements, one parent has sole physical custody.

* Full joint custody. In this arrangement, the separating parents are equal partners in raising the child. This too works better if the parents are on cordial terms. Under joint physical custody arrangements, the child usually spends the same amount of time with each parent.

Variations on these arrangements can be agreed upon by the parents or ordered by the court. Also, existing custody arrangements can be later modified. Changes agreed to by both parents are usually accepted by the court. If the parents cannot agree, the parent seeking the change can ask a judge to make it. Generally, the parent must show that there has been a significant change in circumstances and that the proposed arrangement is in the child's best interest.

Visitation Rights

When one parent is awarded sole physical custody, the other usually gets visitation rights. If the parents cannot agree on visitation privileges, a judge decides for them. Visitation rights typically consist of one or two weekends a month, each parent having the child for some of the major holidays, and several weeks or a month during the summer.

The parent with custody needs good reason to deny the other parent visitation rights. If the parent with custody thinks the other parent's conduct will be bad for the child, he or she can ask the court to stop all visitation rights or to require that a third person be present at all visitations.

As with most matters involving divorce and separation, child custody and visitation rights present difficult issues. Legal assistance should therefore be obtained in resolving such matters. It should also be obtained when parties want to properly enforce or modify existing arrangements.

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 Posted on January 05, 2017 in Estate Planning

Anyone who thinks about planning his or her estate will hear about "wills," "probate" and "living trusts." A will is a document that states where you want your property to go when you die. Probate is the court procedure that makes sure your will is valid and puts it into effect. But what is a "living trust?" To answer this, you need to know a little about "trusts" in general.

Trust are legal devices that let one person "own" property for the benefit of someone else. With a trust, a person can stop being the "owner" of property while still keeping control over it. A trust is created when someone (a "trustee") agrees to hold and manage property for the benefit of someone else, who may later get the property, or the income or benefits it generates. The person who receives these benefits is the "beneficiary."

A living trust is a special kind of trust which has many estate planning benefits. In a living trust, you can transfer property from yourself (as the full owner) to yourself in a new capacity, as "trustee." After this transfer, you still control the property. You receive the benefits of ownership while you are alive. When you die, a "successor" trustee (someone you selected) distributes the property to the people you chose. This takes place without the involvement of the probate court.

A living trust is created by a written trust document, written with a lawyer's help. Your lawyer can also help prepare other papers used to transfer property into the trust. You can place almost any type of property in it, including money, real estate, stocks, bonds and automobiles.

Use of living trusts has grown because for many people, they offer significant benefits. Here are some of the main ones.

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 Posted on January 05, 2017 in Estate Planning

Who will make medical decisions for you if you become so ill that you cannot communicate your wishes? What if the person selected chooses treatment you would not want? Fortunately, there are documents - called "advance directives" - you can prepare before a serious illness to help in situations like these.

An "advance directive" is a document that tells how you want medical decisions made if you ever become physically or mentally unable to make them yourself. The two most commonly prepared advance directives are a "living will" and a "durable power of attorney for health care." Here is a brief explanation of each.

• Living Will. A living will lets you specify the types of life-prolonging treatment you want - or do not want - in the event you were terminally ill. It is called a living will because it can take effect while you are alive.
• Durable Power of Attorney for Health Care. This lets you appoint someone (such as your spouse or child) to make your medical decisions if you cannot make them yourself..

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