Estate Planning for Non-Married Couples in Memphis
April 15, 2008 | Leave a Comment
Very extensive article that is must read for all couples contemplating any financial commitments prior to marriage. This includes buying a house with a boyfriend or girlfriend or even a fiance. You’re not legally married until you’re legally married. Our Memphis Estate Planning Lawyers recommend consulting with your attorney before making any financial commitments with someone that is not your spouse. Laws that protect spouses from and individuals creditors don’t apply to unmarried persons. While the article focuses also on same-sex marriage which is not recognized in TN, all advice is applicable to un-married couples contemplating marriages or simply in a long-term committed relationship.
Kathleen Ford Bay(Attorney at Law, Blazier, Christensen, Bigelow, and Virr, P.C.) has recently published her article entitled Untying the Knot– Until Death and Taxes Do Us Part, RPPT eREPORT (Feb. 2008).
To be cautious and practical, unmarried couples the following should meet with one of our Memphis Estate Planning Lawyers to discuss such issues as:
- Wills (avoid testamentary libel);
- Financial powers of attorney;
- Health or medical powers of attorney;
- Advanced Directives (Living Wills);
- Revocable trusts and transfer of assets to such trusts (consider the mortgage company; insurance on assets; title insurance on home);
- Declaration or nomination of guardian or conservator and stating who can never be a guardian;
- Beneficiary designations (insurable interest) and non-probate property;
- Providing for children (adoption and other issues); and
- Funeral Directive.***
Source of post: Wills, Trusts, Estates Law Prof Blog
5 Ways Children of Divorce Suffer
December 18, 2007 | Leave a Comment
While not specific to either Memphis family law or Mississippi family law, I recently came across a post on the Oklahoma Family Law Blog, which is written by family lawyer Dan Nunely, that brought up several points that all parents in Memphis and the surrounding areas should consider if they are going through a divorce.
The blog referenced an article written by Trish Berg that discussed the losses that children suffer when divorce occurs. The following is her list of the five main losses children experience during divorce:
1. Loss of Dad - When parents divorce, typically the dad leaves the home, and may not be present much in the lives of the children. This causes an emotional vacuum for the children, and they may feel rejected, alone, and unloved, no matter how much the single parent loves them.
2. Loss of Money - When dad leaves, so does a lot of the money. Economic resource are, at best, cut in half, at worst, single parent families live in poverty.
3. Loss of Security - Kids of divorce often move to a new, smaller home, in a new town, with a new school. They now have to visit their dad. If mom and dad then begin dating, an entirely new stress is added to their lives. Their sense of stability and security is shaken as their world has forever changed.
4. Loss of Harmony - Many kids whose parents divorce feel caught in the middle. The fighting may have stopped, but now Mom may talk negatively about dad, and dad may gripe about mom, all in front of the kids. Parents may play games with visitation, and hold the children as emotional ransom. This loss of harmony causes tremendous chaos and stress for them.
5. Loss of Simplicity - Life for children of divorce can get very complicated. They have to schedule everything they do, and remember what weekends they are visiting dad so they don’t play in a soccer league with games then. They have to split heir holiday time - Christmas Eve with dad, Christmas morning with mom. And when life events hit, they have to worry about mom and dad being in the same place. Who will come to my eighth grade graduation? Will they see each other? Will they fight? Family life is now complex and chaotic, and that will last for the rest of their lives.
What can you do to help your children? Explain to them the process that you are going through. Make sure that they understand that nothing they haven’t done anything to cause the divorce. Never argue in front of them or use them as pawns between your spouse. And try to keep things as constant and familiar as you can. The more things remain the same the more secure your children will feel.
Should You Date During Your Divorce?
December 11, 2007 | Leave a Comment
This is an easy question to answer, it’s a resounding NO!
Although you may be separated from each other and living apart you should never date anyone while going through the divorce process. Rember, technically you are still married. What that means is that if you date someone while going through a divorce your spouse could sue you for divorce based on adultery.
You might say, “So what, who cares what he or she sues me for. I’m getting a divorce anyway.” But the truth is that a divorce based on adultery can cause major problems if you are wanting to get alimony or custody of children. You could end up without either if decide to date someone during the divorce process.
Not only that, but if you originally filed for divorce based on your spouses adultery your dating someone could destroy your grounds for divorce. When this occurs it is called recrimination and it can cause your divorce to drag out in court costing you thousands in legal fees and delaying your divorce.
Just remeber, your divorce will eventually be final and then you’ll have nothing but time to find and date that special someone. Until then keeps your hands to yourself and leave the dating life to your single friends.
