Collaborative Law – An Alternative to Litigation
What is Collaborative Law? Collaborative law is an alternative to the traditional legal model where the parties agree to resolve their dispute without resorting to litigation. That’s right, imagine entering into an agreement to resolve your legal matter in good faith while saving the time and cost of going to court. It sounds very simple, but the collaborative process is quite structured which ensures the path to avoid litigation is adhered to. Collaborative law can be used in many areas of practice, including civil, probate, real estate and...
read moreAging and Financial Abuse: What Can Happen and Steps to Prevention
No one wants to think about the aging process, let alone all the dangers associated with advanced age and living in today’s world. Education and planning are the two most important steps to preventing any type of issues in the future. Senior financial abuse scams are a multi-billion dollar industry. This type of abuse not only effects the senior individual, but also their families, their financial institutions, taxpayers and all the services that provide relief to the victims. A study was done in 2011 by MetLife Mature Market Institute and...
read moreHow to Get The Most Out of Your Attorney
Choosing your attorney carefully is important. This choice should be based on several factors when interviewing, including: picking someone you like, who understands you and listens to you, who you can work well with, and someone knowledgeable about the particulars of your matter. After signing the agreement, most clients hand the case off to the attorney and hope for the best. Today’s discussion is on strategies that are instrumental in getting the most out of your counsel. Telling the Truth: This is the very most important...
read moreStepparents Supporting Stepchildren – Is There a Duty?
Combined families are the new norm. Maybe the notion is not new, but the once-called “traditional family” consisting of a married couple living with their own children is becoming obsolete. The traditional family certainly is the minority in the year 2016. With the changes to the family unit, the law also evolves as our laws are intended to protect and support. Most everyone is familiar with the idea that if you have a child, naturally or by adoption, you are responsible for supporting that child at least until they reach the age of majority....
read more[video] The Power of Control in Wills and Trust Documents
![[video] The Power of Control in Wills and Trust Documents](https://westbylaw.com/wp-content/uploads/2016/07/right-on-the-money-part-2-screen-shot-184x184.png)
One of the largest differences between a will and a trust is a trust must be funded in order to work. Funding the trust is the process of transferring your assets into the name of the trust so the trust becomes the owner. This is how all of your assets are pooled together for easy administration. Without funding, the trust cannot work effectively. Watch the video to learn...
read moreBankruptcy After Divorce – Why It’s a Bad Idea
When a couple divorces in Arizona, the community property is divided equitably. That means both assets and debts alike. “Equitably” does not necessarily mean “equally” and ultimately the court will make that determination or the parties will come to an agreement. Normally, however, both parties are responsible for a portion of the marital debt. So what happens when one of the parties files for Bankruptcy after the divorce? The effect of Bankruptcy after divorce is that the party filing the bankruptcy will discharge their portion of the debt...
read moreDo I Really Need A Will? Horror Stories From The Grave.
We all hear people talk about estate plans and how everyone should have one drafted. But why is a will or a trust so important? Besides, who wants to think about the end of their life? Understandably the topic is a difficult one. But besides the normal warnings about how an estate plan can help you avoid family conflict, probate and estate taxes, I wanted to present a few real-life examples* to portray the sad and unfortunate circumstances that could have been avoided if a basic plan had been in place. A Stepchild’s Story: A client recently...
read moreI Had A Trust Created, Now What?
You hired an attorney, went through the planning process, made those difficult decisions about who would be trusted and where your assets would go. Now that everything is signed and recorded you are all set right? Not quite. Before placing that portfolio on the shelf, you still have one major task to complete. It may come as a surprise but most people do not realize that when you go to an attorney to have a trust created and the documents are executed, or signed, that isn’t the end. Creating a trust is a two-part process. The attorney’s...
read moreWhat To Do When Someone Dies
Whether you know it is coming and are able to be present when your loved one passes, or whether you get a phone call in the middle of the night, the news of a loved one’s death leaves us feeling empty and everything seems to stop. The last thing on your mind is a “to-do” list but in actuality there are many things that must be done when someone passes. Below is a list compiled to help you through this time. The more planning you can do, the easier this process will be. At the end of the day, you want to keep yourself and your...
read moreWhy would someone need an estate plan?
One thing in life is certain, death comes to us all. While none of us like to think about dying, the fact is that improper or no planning leads to family disputes, assets going into the wrong hands, long court litigations, large amounts of dollars in federal tax and not to mention all those fees spent on probate. Having an estate plan is the best way to ensure your wishes are adhered to, and the people in your life who you love are not only taken care of, but don’t end up turning on each other. Is money really the main concern? Absolutely...
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