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.
Showing posts with label Assets. Show all posts
Showing posts with label Assets. Show all posts
Thursday, May 14, 2015
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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