By Byron Berry | Published October 20, 2016 | Posted in Bankruptcy Law, Divorce Law, Family Law, Uncategorized | Comments Off on Rights of a Common Law Spouse
Here is an actual fact situation I have come across. Dad gets a divorce after 30 years of marriage. This marriage now has two grown children, named Kids. In June, Dad runs off to Hawaii and has an unofficial “promise” ceremony with Lady, and they live in bliss for all of three months before he Read More
Read MoreHere are the facts of the situation. Husband and wife are each on their second marriage and they purchase a home together. Husband dies and leaves a will leaving everything to his grown kids – who by the way don’t like his second wife. The second wife is very nervous about her situation and has a Read More
Read MoreNothing conveys the American Dream much more than owning your own business. To some, there’s nothing better than having the ability to call your own shots and be the head of a company or organization. However, it’s highly important to make sure you have all your ducks in a row from a legal standpoint to Read More
Read MoreAfter a person passes away, his or her estate and all its components must be accounted for and distributed among heirs, inheritors and creditors according to a special court process known as probate. The probate process heavily relies on the executor—the person the deceased put in charge of protecting his or her property as outlined Read More
Read MoreNo one wants to think about dying or what will happen with the rest of the family after passing away. However, it’s very important to have a plan of action in place when it comes to the distribution of your estate and assets. That’s where having a will comes in handy. Your last will and Read More
Read MorePrepare for Your Financial Fresh Start Bankruptcy is oftentimes viewed to be the result of frivolous spending and being financially irresponsible. While this is sometimes the case, the truth of the matter is that filing for bankruptcy is simply a legal means of reorganizing or purging debts in order to bring about a fresh financial Read More
Read MoreI often get frustrated clients that come to me with a story that goes something like this: “My father died and I am his only child. He has a bank account and a stock brokerage account. His Will leaves everything to me and I even gave the financial institutions a copy, but they won’t turnover Read More
Read MoreIf you had a Will prepared by an attorney who did estate and tax planning in the 80’s, 90’s or early aughts, it probably had provisions to avoid estate taxes. This was a great idea at the time because for most of that period the maximum estate tax rate hovered around 50%. Simply put if Read More
Read MoreBy Byron R. Berry 1. How do I get started? Find the Last Will and Testament of the deceased. If you have made an exhaustive search and cannot find the Will, a copy will do. Take the document to your attorney, assuming your attorney does probate work, and decide if a probate proceeding is Read More
Read MoreBy Byron R. Berry One question that often comes up in connection with bankruptcy is “What will I get to keep?” The answer, surprisingly often, is “Everything.” But we need to look in more detail at “property exemptions” to see whether this answer likely applies to you. Most of these exemptions are by dollar amount. Read More
Read More