Do I really need a will if I don't have any assets? My answer is Yes if you have minor children! Even the smallest estates can benefit from a will. The biggest reason one needs a will is to name a guardian for any minor children. This is necessary even if the other parent is alive at the time you made the will. Why? Because anything can happen to anyone at any time and it is better to be prepared.
If you do not have a will naming a guardian for your children then it will be up to the court to decide who should have custody. While it is always the court that will approve a guardian, if you name a someone then that preference will be heavily considered and it would be up to a challenger to show why it is not in the child's best interests.
Do not assume that someone you think should be the guardian will end up as the guardian if you do not create a will. It is better for your children if you are prepared just in case rather than pass away unprepared.
If you would like to schedule a free consultation please email me or call Attorney Kara Fratto at (781) 205-4234. Thank you.
YOUR FAMILY ATTORNEY
21-G Olympia Avenue, Suite 75
Woburn, Massachusetts 01801
Phone (781) 205-4234 / Fax (781) 205-4840
Email: kfrattolaw@gmail.com
Web: http://www.thefamilylaw.info
This blog is for informational purposes only, not legal advice. For an evaluation of your specific case, Attorney Kara Fratto; offers a free 30 minute consultation.
Thursday, May 14, 2015
Friday, August 30, 2013
Tuesday, July 9, 2013
Benefits of a Limited Assistance Representation Agreement with your Family Law Attorney
Limited Assistance Representation
Limited Assistance Representation (LAR) is when an attorney represents or assists your with part, but not all, your case. You enter into a detailed agreement with the attorney defining what tasks the attorney will be responsible for and what tasks you will be responsible for. This arrangement benefits many people who need representation for some, but not all of their case. It is also a great way to "pay as you go" with an attorney because you can enter into agreements with your attorney to represent you at different stages or court hearings. You can also save a lot in legal fees because you may not have to pay an attorney to do the legwork, but you can have the benefit of an attorney advising you of what you need to do.
Limited Assistance Representation can help those who cannot afford to pay an attorney for the entire case, but know that they would benefit from having legal representation along the way.
It is your decision whether you should hire an attorney, but if you chose to represent yourself and be what is called a "pro se" litigant, the Judge and Court Personnel are not allowed to give you special consideration or legal advice. Even if one party is represented by an attorney while you are not, the Court must remain impartial in your case and you are expected to learn the relevant law and procedure. If you aren't confident that you can adequately represent yourself or learn the relevant law and procedures, then you should hire an attorney. The Court cannot relax the rules of evidence to benefit a pro se litigant because the other party has an attorney.
How can an attorney help me in Limited Assistance Representation?
1). An attorney can help you is by coaching the litigant outside of court on what the law is and what the rules of procedure are without ever having to have the attorney go to court with you.
2). An attorney can draft documents for you without ever filing an appearance in court or going to court with you. This is called "ghostwriting" and the attorney must write on the document that it was prepared with assistance of counsel. This is particularly helpful to ensure that your documents are drafted properly and are persuasively written.
3). The attorney can also appear in court with you for part of the entire case, for example only going to court with you for the pretrial conference. In this case, the attorney needs to file a Notice of Limited Appearance in court describing the issue or event the attorney is representing you on and the attorney will have you sign the appearance as well. After the issue or event is complete, the attorney must file a Notice of Withdrawal of Limited Appearance. Further representation at court appearances and events on the case will require a new agreement between you and the attorney.
Regardless of whether you hire a LAR attorney or you hire an attorney for full representation on the case, your attorney must follow all ethical rules and standards of professional responsibility. The requirements of zealous advocacy, confidentiality, avoiding conflicts of interest, etc. always apply in an attorney-client relationship.
Regarding your personal situation, you should consult an attorney for advice. This site is not, nor is it intended to be, legal advice nor is the information you obtain here. Please feel free to get in touch with us and we will gladly welcome your emails, letters and calls. This does not create an attorney-client relationship. Please, until we have established an attorney-client relationship, do not pass along any confidential information to us.
Limited Assistance Representation (LAR) is when an attorney represents or assists your with part, but not all, your case. You enter into a detailed agreement with the attorney defining what tasks the attorney will be responsible for and what tasks you will be responsible for. This arrangement benefits many people who need representation for some, but not all of their case. It is also a great way to "pay as you go" with an attorney because you can enter into agreements with your attorney to represent you at different stages or court hearings. You can also save a lot in legal fees because you may not have to pay an attorney to do the legwork, but you can have the benefit of an attorney advising you of what you need to do.
Limited Assistance Representation can help those who cannot afford to pay an attorney for the entire case, but know that they would benefit from having legal representation along the way.
It is your decision whether you should hire an attorney, but if you chose to represent yourself and be what is called a "pro se" litigant, the Judge and Court Personnel are not allowed to give you special consideration or legal advice. Even if one party is represented by an attorney while you are not, the Court must remain impartial in your case and you are expected to learn the relevant law and procedure. If you aren't confident that you can adequately represent yourself or learn the relevant law and procedures, then you should hire an attorney. The Court cannot relax the rules of evidence to benefit a pro se litigant because the other party has an attorney.
How can an attorney help me in Limited Assistance Representation?
1). An attorney can help you is by coaching the litigant outside of court on what the law is and what the rules of procedure are without ever having to have the attorney go to court with you.
2). An attorney can draft documents for you without ever filing an appearance in court or going to court with you. This is called "ghostwriting" and the attorney must write on the document that it was prepared with assistance of counsel. This is particularly helpful to ensure that your documents are drafted properly and are persuasively written.
3). The attorney can also appear in court with you for part of the entire case, for example only going to court with you for the pretrial conference. In this case, the attorney needs to file a Notice of Limited Appearance in court describing the issue or event the attorney is representing you on and the attorney will have you sign the appearance as well. After the issue or event is complete, the attorney must file a Notice of Withdrawal of Limited Appearance. Further representation at court appearances and events on the case will require a new agreement between you and the attorney.
Regardless of whether you hire a LAR attorney or you hire an attorney for full representation on the case, your attorney must follow all ethical rules and standards of professional responsibility. The requirements of zealous advocacy, confidentiality, avoiding conflicts of interest, etc. always apply in an attorney-client relationship.
Regarding your personal situation, you should consult an attorney for advice. This site is not, nor is it intended to be, legal advice nor is the information you obtain here. Please feel free to get in touch with us and we will gladly welcome your emails, letters and calls. This does not create an attorney-client relationship. Please, until we have established an attorney-client relationship, do not pass along any confidential information to us.
Friday, April 20, 2012
Finding the Right Attorney
Locating a Reliable Boston Family Law Attorney
At some point, most people will require the services of a legal professional. When it comes to legal issues, not many of us would want to act as our own lawyer but when we need to find a reliable attorney it can be difficult to know what we really need or even where to begin.
Every day people need the services of a reliable attorney for various legal issues including transactions in business and real estate, disability cases, family matters and wills and estate disbursement. Any attorney you allow to handle a legal matter for you should represent you in a knowledgeable, conscientious and timely fashion.
If you find that you should need the services of an attorney where do you start? Today most attorneys limit their practice to just one field. One attorney may specialize in family law while others may focus on corporate law. Make sure you search for an attorney that can handle the legal matter you have in mind.
Starting Your Search for an Attorney
Begin your search by compiling a list of possible attorneys. Talk with professional acquaintances. A number of people such as real estate agents and those working in local government have contact with attorneys on a frequent basis.
You can also call your city or state's Bar Association. You can find their number in your local phone directory. The Bar Association can offer you the names of a few attorneys that match your requirements. Understand that a recommendation by the Bar Association is not a guarantee of finding the right attorney for your particular case. If there is someone you think you might want to follow up with, you’ll need to do your own research first.
Check out the internet. There are a number of online resources to help you locate a qualified attorney. Listings of reliable attorneys in your city can be found in online legal directories. The most convenient part of using the computer is that you get to do some research on local attorneys to help you decide if you even want to call them.
If you can’t afford an attorney or if you’re a senior citizen, you may be eligible for free or low cost legal assistance. Legal aid services offer consultations and legal services for free or at low cost. But you need to be aware that legal aid services usually specializes in dispute issues so if you need help with business contracts they might not be the best choice. But they may prove to be a valuable source for some free advice and may be able to recommend a good attorney for your needs. You can call the local legal aid service, office for the aging or department of social services to ask if you qualify for assistance.
Scheduling an Appointment with the Attorney
After you’ve put together a list of likely candidates, you’ll need to give each attorney a call. It’s possible you may have made some contacts through entering your information at an online directory site. This first contact can help you determine if you might feel comfortable with a specific attorney and if you want to make an appointment to discuss your case further.
Most attorneys will provide a free consultation to discuss your case with you and help you both decide if he or she is the best attorney for what you need. Consider this first consultation as a time to get to know each attorney you meet with. It’s important that you are comfortable with any attorney you hope to work with. This is also a good time to discover how much experience an Attorney has as well as his successes with similar cases.
Don’t forget to ask about fees as well as possible payment options. Problems can be avoided when you and the attorney are clear about the cost right from the beginning. By asking the attorney to put the fees in writing, you can make sure you keep a good relationship in tact. You can save yourself from a lot of surprises later if you ask for this information before you agree to any representation.
Selecting an Attorney You can Trust
It’s actually easy to find an attorney. Locating a good attorney may take a little time and effort. Hiring a trustworthy attorney that understands your legal situation completely may be difficult to find. Attorneys are sometimes entrusted with the very lives of their clients. While your situation may never be as dire, if you find yourself in need of an attorney your selection should be based on someone you believe to be dedicated and trustworthy.
Regarding your personal situation, you should consult an attorney for advice. This site is not, nor is it intended to be, legal advice nor is the information you obtain here. Please feel free to get in touch with us and we will gladly welcome your emails, letters and calls. This does not create an attorney-client relationship. Please, until we have established an attorney-client relationship, do not pass along any confidential information to us.
At some point, most people will require the services of a legal professional. When it comes to legal issues, not many of us would want to act as our own lawyer but when we need to find a reliable attorney it can be difficult to know what we really need or even where to begin.
Every day people need the services of a reliable attorney for various legal issues including transactions in business and real estate, disability cases, family matters and wills and estate disbursement. Any attorney you allow to handle a legal matter for you should represent you in a knowledgeable, conscientious and timely fashion.
If you find that you should need the services of an attorney where do you start? Today most attorneys limit their practice to just one field. One attorney may specialize in family law while others may focus on corporate law. Make sure you search for an attorney that can handle the legal matter you have in mind.
Starting Your Search for an Attorney
Begin your search by compiling a list of possible attorneys. Talk with professional acquaintances. A number of people such as real estate agents and those working in local government have contact with attorneys on a frequent basis.
You can also call your city or state's Bar Association. You can find their number in your local phone directory. The Bar Association can offer you the names of a few attorneys that match your requirements. Understand that a recommendation by the Bar Association is not a guarantee of finding the right attorney for your particular case. If there is someone you think you might want to follow up with, you’ll need to do your own research first.
Check out the internet. There are a number of online resources to help you locate a qualified attorney. Listings of reliable attorneys in your city can be found in online legal directories. The most convenient part of using the computer is that you get to do some research on local attorneys to help you decide if you even want to call them.
If you can’t afford an attorney or if you’re a senior citizen, you may be eligible for free or low cost legal assistance. Legal aid services offer consultations and legal services for free or at low cost. But you need to be aware that legal aid services usually specializes in dispute issues so if you need help with business contracts they might not be the best choice. But they may prove to be a valuable source for some free advice and may be able to recommend a good attorney for your needs. You can call the local legal aid service, office for the aging or department of social services to ask if you qualify for assistance.
Scheduling an Appointment with the Attorney
After you’ve put together a list of likely candidates, you’ll need to give each attorney a call. It’s possible you may have made some contacts through entering your information at an online directory site. This first contact can help you determine if you might feel comfortable with a specific attorney and if you want to make an appointment to discuss your case further.
Most attorneys will provide a free consultation to discuss your case with you and help you both decide if he or she is the best attorney for what you need. Consider this first consultation as a time to get to know each attorney you meet with. It’s important that you are comfortable with any attorney you hope to work with. This is also a good time to discover how much experience an Attorney has as well as his successes with similar cases.
Don’t forget to ask about fees as well as possible payment options. Problems can be avoided when you and the attorney are clear about the cost right from the beginning. By asking the attorney to put the fees in writing, you can make sure you keep a good relationship in tact. You can save yourself from a lot of surprises later if you ask for this information before you agree to any representation.
Selecting an Attorney You can Trust
It’s actually easy to find an attorney. Locating a good attorney may take a little time and effort. Hiring a trustworthy attorney that understands your legal situation completely may be difficult to find. Attorneys are sometimes entrusted with the very lives of their clients. While your situation may never be as dire, if you find yourself in need of an attorney your selection should be based on someone you believe to be dedicated and trustworthy.
Regarding your personal situation, you should consult an attorney for advice. This site is not, nor is it intended to be, legal advice nor is the information you obtain here. Please feel free to get in touch with us and we will gladly welcome your emails, letters and calls. This does not create an attorney-client relationship. Please, until we have established an attorney-client relationship, do not pass along any confidential information to us.
Sunday, May 1, 2011
What to Expect when First Meeting with Your Divorce Attorney
In a divorce case there are four potential areas of controversy:
1. Custody, visitation and child support, when children under eighteen years of age are involved;
2. Distribution of Property and Debt;
3. Spousal support; and
4. Grounds for the divorce, which may affect the results in any of the first three areas.
Often times, husbands and wives can resolve these issues without expensive and messy divorce proceedings. In some cases the parties can resolve some of the issues in their case with agreements and end up litigating the remaining issues. When this is the case, it is less stressful and financially advantageous for the parties and their children.
It is usually quite uncomfortable for a client to begin discussions of the divorce proceedings with their attorney, especially if the client is the reluctant party in the divorce. However, it is important and necessary to disclose and discuss personal and intimate matters with your attorney in order for the attorney to be able to represent your interests.
One great thing about consulting with your attorney is that the communications are privileged. This means that your attorney cannot disclose anything you tell them to anybody else without your permission. This allows you to discuss your case openly and freely with your attorney without the worry that people will find out what you said. There are limitations on the attorney/client privilege that you need to discuss with your attorney.
When clients consult with an attorney for the first time, they often want the attorney to predict the outcome of the case. Unless the case is a simple case, such as a short marriage with little property or debt and no children, it is very difficult to predict the outcome of a case in advance. Rather than predicting the outcome of the case, your prospective attorney should let you know all of the possible outcomes of your case.
There are no magic formulas to determine the outcome of your case because each case is subjective and decided on its own facts by the judge. In simpler cases the attorney can evaluate the case after your first consultation, while more complex cases that usually involve disputed facts, multiple sources of property and/or business valuations, particularly those involving disputed facts and multiple sources of property, may require further investigation and research by the client and/or the attorney and research before the evaluation.
If you are a Massachusetts resident, you can contact me through my website or email me.
1. Custody, visitation and child support, when children under eighteen years of age are involved;
2. Distribution of Property and Debt;
3. Spousal support; and
4. Grounds for the divorce, which may affect the results in any of the first three areas.
Often times, husbands and wives can resolve these issues without expensive and messy divorce proceedings. In some cases the parties can resolve some of the issues in their case with agreements and end up litigating the remaining issues. When this is the case, it is less stressful and financially advantageous for the parties and their children.
It is usually quite uncomfortable for a client to begin discussions of the divorce proceedings with their attorney, especially if the client is the reluctant party in the divorce. However, it is important and necessary to disclose and discuss personal and intimate matters with your attorney in order for the attorney to be able to represent your interests.
One great thing about consulting with your attorney is that the communications are privileged. This means that your attorney cannot disclose anything you tell them to anybody else without your permission. This allows you to discuss your case openly and freely with your attorney without the worry that people will find out what you said. There are limitations on the attorney/client privilege that you need to discuss with your attorney.
When clients consult with an attorney for the first time, they often want the attorney to predict the outcome of the case. Unless the case is a simple case, such as a short marriage with little property or debt and no children, it is very difficult to predict the outcome of a case in advance. Rather than predicting the outcome of the case, your prospective attorney should let you know all of the possible outcomes of your case.
There are no magic formulas to determine the outcome of your case because each case is subjective and decided on its own facts by the judge. In simpler cases the attorney can evaluate the case after your first consultation, while more complex cases that usually involve disputed facts, multiple sources of property and/or business valuations, particularly those involving disputed facts and multiple sources of property, may require further investigation and research by the client and/or the attorney and research before the evaluation.
If you are a Massachusetts resident, you can contact me through my website or email me.
| Law Office of Kara Fratto P.O. Box 205 Reading, Massachusetts 01867 | Tel.: (781) 205-4234 Fax.: (781) 205-4840 |
Monday, April 25, 2011
Don't Underestimate the Importance of Temporary Orders
If you are thinking about hiring an attorney in your divorce or custody case, it is important to do so as soon as possible. The sooner you hire an attorney, the sooner you have somebody fighting for your interests in the case.
Often times the party bringing the case files a motion for temporary orders - such as a temporary alimony or custody order, which will stay in place until the case is decided. These temporary orders can have a real impact on the eventual award of custody or alimony. They can also impact settlement negotiations, since the party in which the temporary order favors tends to bargain from a position of some strength.
It is important to give your attorney as much time as possible to prepare for a hearing on the motion for temporary orders. Your attorney will want time to investigate the issues, file an opposition, file your own motion for temporary orders and prepare the argument for the hearing.
A hearing on a motion for temporary orders should not be something to take lightly. If you are facing this issue, and considering hiring an attorney, you should give your attorney as much time to prepare as possible.
If you are a Massachusetts resident, you can contact me through my website or email me.
Often times the party bringing the case files a motion for temporary orders - such as a temporary alimony or custody order, which will stay in place until the case is decided. These temporary orders can have a real impact on the eventual award of custody or alimony. They can also impact settlement negotiations, since the party in which the temporary order favors tends to bargain from a position of some strength.
It is important to give your attorney as much time as possible to prepare for a hearing on the motion for temporary orders. Your attorney will want time to investigate the issues, file an opposition, file your own motion for temporary orders and prepare the argument for the hearing.
A hearing on a motion for temporary orders should not be something to take lightly. If you are facing this issue, and considering hiring an attorney, you should give your attorney as much time to prepare as possible.
If you are a Massachusetts resident, you can contact me through my website or email me.
| Law Office of Kara Fratto P.O. Box 205 Reading, Massachusetts 01867 | Tel.: (781) 205-4234 Fax.: (781) 205-4840 |
Friday, April 22, 2011
Determining the Division of Marital Assets in a Divorce
In determining an appropriate division of marital assets in a divorce, Massachusetts Courts consider the following factors. Your attorney will need to discuss these with you.
1. Length of marriage.
2. Conduct of the parties during the marriage.
3. Age of the parties.
4. Health of the parties.
5. Station of the parties.
6. Occupation of the parties.
7. Amount and sources of income.
8. Vocational skills.
9. Employability.
10. Estate (assets) of the parties.
11. Liabilities of each of the parties.
12. Needs of each party.
13. Opportunity of each party for future acquisition of capital assets.
14. Opportunity of each party for future acquisition of income.
15. Contribution of each party in the acquisition, preservation or appreciation in value of their respective estates.
16. Contribution of each party as homemaker.
17. Needs of the children.
If you are a Massachusetts resident, you can contact me through my website or email me.
1. Length of marriage.
2. Conduct of the parties during the marriage.
3. Age of the parties.
4. Health of the parties.
5. Station of the parties.
6. Occupation of the parties.
7. Amount and sources of income.
8. Vocational skills.
9. Employability.
10. Estate (assets) of the parties.
11. Liabilities of each of the parties.
12. Needs of each party.
13. Opportunity of each party for future acquisition of capital assets.
14. Opportunity of each party for future acquisition of income.
15. Contribution of each party in the acquisition, preservation or appreciation in value of their respective estates.
16. Contribution of each party as homemaker.
17. Needs of the children.
If you are a Massachusetts resident, you can contact me through my website or email me.
| Law Office of Kara Fratto P.O. Box 205 Reading, Massachusetts 01867 | Tel.: (781) 205-4234 Fax.: (781) 205-4840 |
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