Berman & Asbel, LLP

December 2014 Archives

Marriage may require new estate planning

Pennsylvania residents who are contemplating marriage in the near future know that planning is essential and helps to make the experience seamless. While that is true for a wedding, it is also true for financial planning after the ceremony is over. There are issues that require attention to enable future security for the couple and their family.

Getting custody or visitation after domestic violence

If a parent in Pennsylvania has committed domestic violence in the past, it still may be possible for that parent to win custody or visitation of a child. While a judge will have to take the act into consideration, it will be but one of many factors considered. In many cases, a judge will create an order that provides protection for the other parent or for the child during periods of contact.

Choose the right attorney for same-sex legal issues

Same-sex couples have need of family legal services just like heterosexual couples. When Pennsylvania became the 19th state to legalize gay marriage in 2014, a whole new world of legal rights and responsibilities opened up for same-sex couples. They could finally get married and consider starting families. They were also introduced to many types of legal situations that traditional families have been dealing with all along, like divorce, child custody, medical and property rights and estate planning. Same-sex couples now often require the services of attorneys that carry an understanding of their particular legal issues.

Determining child support in Pennsylvania

When a Pennsylvania couple decides to split up after having a child together, it is likely that the noncustodial parent will be required to pay child support. These payments, which assist the custodial parent with the costs of raising the child, may normally be made by the noncustodial parent until the child turns 18.

The importance of proper estate planning in Pennsylvania

When it comes to estate planning, a little foresight can go a long way. This is because what the law says about passing down assets may contradict with the wishes of someone who has passed away. For instance, it may not be possible to pass down assets from a grandparent to a grandchild without specifically including the grandchild in a will or trust.

Dealing with a mortgage during divorce

A common aspect of property division during a divorce is handling the mortgage on a family home. It is common for Pennsylvania residents to run into trouble with a mortgage if it is not handled correctly during the process. This can cause problems far down the road when one party is trying to buy a new home after the divorce.

Planning for disability care expenses

Many families do not plan adequately for the care required for older individuals. When an aged adult acquires a disability that demands additional services, Medicare and other plans are often not sufficient to meet these needs. It may be important for Pennsylvania families to have an estate plan put in place to handle possible disability expenses.

What is a living will and do I need one?

Although people in Pennsylvania may have heard of a living will, they may not understand what it is or what it involves. In contrast to a regular will, a living will governs how a person will be treated medically in the event he or she is no longer able to make decisions due to being incapacitated.

Inheritance and divorce in Pennsylvania

Typically, inheritance money is considered to be separate property whether it was acquired before or during the marriage. However, inheritance may be considered martial property if it was comingled. For instance, if the money was put into a joint account or used to improve a marital residence, that money is now considered marital property. This is generally true whether the money was intended to be shared with a spouse.

Child custody relocation requirements in Pennsylvania

Settling child custody disputes is often a delicate and contentious process for parents in Pennsylvania, and these issues may flare up once again if the child's primary care provider decides to relocate. Sometimes these issues can be settled amicably between the parents, but in other cases courts will be called upon to decide matters. When a court is asked to consider a dispute between parents over the issue of child relocation, it will make its decision based upon what is considered to be in the best interests of the child.

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