Welcome to the Yellow Phase and a return to some sort of normalcy. Although we are in yellow, most Court Houses remain closed to the public except in emergency and limited situations.  However, the Courts are open for business and are accepting the filing of documents. My firm is opening the office on Monday,  but with quite a bit of limitations.  So, even though we have permission to open, we are asked to remain home and to continue to work… Read More >

The Courts are opening next week, but not the Court House.  The Court House will generally be closed to the public, with hearings, trials, and conferences being tried by telephone or video conference.  Think about that for a moment – having your day in court, but not being in court and not being with your lawyer.  Going to court is already nerve-wracking and this new system makes the process ever so much more so. I had my first telephonic hearing. … Read More >

Child support can be modified in the event there is a substantial change in financial circumstances.   With the skyrocketing furloughs and layoffs, many of you can file to modify support. If you have lost your job and want to reduce the amount of your support payment, you must file a Petition to Modify Support to Reduce with the Court.  The date on which you file the Petition will be the date from which support is modifiable. If you receive support… Read More >

To Probate a Will means to file it with the Register of Wills Office in the County where the Decedent died so that an Estate can be opened. This is when the Executor is sworn in to faithfully administer the estate so that the Executor can do what is necessary under the Will. The Executor will be issued Short Certificates which are evidence that the Executor has the right to identify and to gather all of the assets, to pay… Read More >

Your Last Will and Testament is the document where you name an Executor to gather all of your assets and to distribute them as you have provided under your Will. But a word of caution: Not all assets will be a part of your estate that is distributed under the Will. Specifically, if you have named a beneficiary under a legal document such as a beneficiary form for your life insurance, retirement and/or bank accounts, these funds get distributed directly… Read More >

A Power of Attorney is a document in which you name an Agent to handle your affairs in the event you become disabled and cannot take care of them yourself. Your Agent is given the authority under the Power of Attorney to stand in your shoes and to do all of the things you would be doing for yourself if you were capable of doing them. Your Agent can take care of your finances, sell your home, make decisions about… Read More >

Some of my clients have called me concerned that their Living Will (also called Advance Health Care Directive) directs the discontinuation of a respirator after two weeks. I have assured them there is no reason to worry if they are placed on a respirator for Covid 19. A Living Will is valid ONLY if you are dying from a terminal illness and there is no reasonable expectation of recovery or if you are in a persistent vegetative state. If you… Read More >

Last week I promised to give you some more information about the Collaborative No Court Divorce Process, where a binding Collaborative Participation Agreement is signed by the attorneys and the clients promising not to go to court. The threatening yell of “I’ll see you in court” is replaced with a conversation that begins with a discussion of the clients’ goals and continues with discussions of how best to meet those goals. The lawyers are there for guidance and advocacy, but… Read More >

Collaborative Divorce is a voluntary process in which couples and families settle disputes without any court intervention.  The process provides each party with the support and guidance of their own lawyer to help the family craft a solution that fits their unique needs.  The Collaborative process is designed around the specific needs of each family, and the process is controlled by the family, so it is particularly suited for the LGBTQ community.  In Collaborative Divorce, each person, including mental health... Read More >

Nesting, or bird-nesting, is a custody arrangement where the children remain in the home and the parents cycle in and out according to an agreed upon custody schedule.  An example would be one parent in the home on Monday and Tuesday, the other parent in the home on Wednesday and Thursday and with the parents alternating weekends. This arrangement necessarily requires there be a separate place for the non-custodial parent to live.  Some parents jointly rent an apartment or stay… Read More >