Do I really need a will if I don't have assets?

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.

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.

Law Office of Kara Fratto P.O. Box 205 Reading, Massachusetts 01867

Tel.: (781) 205-4234 Fax.: (781) 205-4840

Is mediation the right path for your divorce case?

Mediation is an informal process in which a neutral third party assists disputing parties in reaching a settlement. A successful mediation should result in a written settlement agreement that is enforceable as a contract.

A significant challenge for mediators is to help disputants figure out what they are really fighting about in order to develop resolutions based. These days mediation is becoming more popular in divorce cases. Since mediation is voluntary, participants are more willing to comply with the terms of their mediated settlement terms than with a judgment imposed upon them by the courts.

In deciding whether mediation right for your case, consider the following questions:
1. Are you and your spouse able to talk and listen to one another?
2. Are you and your spouse willing to completely disclosure your finances to your each other as well as to the mediator?
3. Are you and your spouse willing and able to trust that the other party made such a disclosure?
4. Are you and your spouse ready and able to make choices and decisions about his or her future?

Beginning the Divorce Process

A divorce is started in court when a complaint is filed. The complaint needs to state the grounds for the divorce, but the most common grounds are either irretrievable breakdown of the marriage (either contested or uncontested) and cruel and abusive treatment. There are additional grounds for divorce and your attorney should discuss these with you because the grounds used for divorce can affect how long the divorce process will take. After the Complaint is filed, the Court issues a Summons. You and your attorney will need to deliver the Summons to your spouse with a copy of the Complaint. Attorneys will usually use a process server to deliver (also referred to as serve) the summons and complaint. However, if your spouse already filed a Complaint, then you and your attorney need to prepare and file an Answer. You may also file a Counterclaim that asks for a divorce. If you have already been served with a Complaint for divorce it is best to seek advice from an attorney right away to discuss your rights and options. By waiting to speak with an attorney, the more you are at risk of waiving your rights in the proceedings because of the time sensitivity of the Court rules. 

Attorney Profile

Attorney Kara M. Fratto
Serving Massachusetts

Phone: (781) 205-4234
Fax: (781) 205-4840
Email: kfratto@kfrattolaw.com

Bar Admissions: Massachusetts, 2006

Education:
Suffolk University Law School, Boston, Massachusetts, 2006, J.D.
Suffolk University, Boston, MA, 2004, M.S. in Political Science
Salem State College, Salem, MA, 2002, B.S. in Political Science

Certifications:
LexisNexis and Westlaw
Committee for Public Counsel Services Children and Family Law Trial Panel
Committee for Public Counsel Services Bar Advocate Trial Panel Program

Publications:
Taxation of Professional Athletes in both the United States and
Canada. 14 Sports Lawyers Journal 29 (Spring 2007)
Interview with Professor Marshall S. Shapo, author of
Compensation for Victims of Terrorism. Volume 17, No. 1 Bimonthly
Review of Law Books 5 (January/February 2006)





Attorney Fratto can meet with you at your home or
office so you do not need to travel to the office.

Contact Attorney Fratto by phone or e-mail to
schedule a free consultation.

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Welcome

Kara Fratto is the youngest of four children in the Fratto family. Kara's parents raised a family of four children with hard work and family values. In 2008, Kara turned a period of unemployment into a business opportunity by starting a solo law practice. Kara went on to Salem State College where she earned a Bachelors Degree in Political Science with a Criminal Justice concentration. Kara graduated with magna cum laude honors. At the 2001 Academic Convocation; the college recognized Kara as having the top grade point average in the political science program. On September 12, 2001, Kara began an internship for former Massachusetts State Senator Richard Tisei. This internship reinforced Kara’s view of the importance of listening to and responding to the needs of its constituents. After graduating from Salem State College, Kara went on to Suffolk University where she earned a Masters Degree in Political Science. In 2003, Kara interned in Washington, D.C. with former Representative Charlie Bass from New Hampshire. In the fall of 2003, after returning from Washington, D.C., Kara completed the requirements for the Masters Degree while beginning her first semester in the evening program at Suffolk University Law School and working full-time. During her second year of law school, Kara worked to restart the school’s Sports and Entertainment Law Association. As the Association’s president, Kara led the revitalization effort by making a previously defunct organization vibrant and recognizable in the school. Kara was also a member of the Suffolk University Law School’s Student Bar Association. In May 2006, Kara graduated from law school, with honors, in the top 9% of her class. She published the paper “Taxation of the Professional Athlete in the United States & Canada” in the Spring 2007 volume of the Sports Lawyers Journal, which is published by Tulane Law School. After passing the Massachusetts bar exam, Kara worked as a Judicial Law Clerk in the Juvenile Court, where she assisted multiple judges in their research and decision-making. Now a solo practitioner, Kara works as an advocate for her clients including children. Everyday, Kara sees the importance of listening to the people she represents. Kara is an advocate for her clients and knows that she cannot properly represent her clients without listening to them. Contact Attorney Fratto by phone or e-mail to schedule a free consultation. Kara Fratto, Divorce Attorney, Family Attorney, Family Law, Family Lawyer, Find a Lawyer, General Attorney, child support, criminal law, attorney search, divorce, divorce lawyer, landlord and tenant laws, landlord and tenant, lawyer personal injury, personal injury attorneys, personal injury lawyers, personal injury law, personal injuries lawyer, business law, small business, attorney search, find attorney, litigation lawyer, laws on child custody, child custody lawyers, child custody attorneys, massachusetts real estate attorney, real estate attorney, real estate laws, attorney estate, estate planning, estate planning attorneys, wills, will and testament, living will, will testament, last will & testament, injury lawyer, defense attorney, criminal attorney, dui defense attorney