McCoy Fatula, APCMcCoy
Located in Roseville, CA

Roseville Legal Blog

Estate planning is an important process for everyone

The majority of California residents, like others around the country, have likely given little thought to what life will be like for their loved ones after they have passed. Most have not gone through the process of estate planning because they believe it is not necessary unless someone has a certain amount of assets. However, certain issues such as guardianship of children and health care are critical for everyone, regardless of income level. Experts weigh in on the importance of creating an estate plan.

Financial counselors recommend that everyone have an advance directive. This should include a living will that specifies the type of health care a person desires. The directive also needs to designate a medical power of attorney that names someone to carry out those wishes. Without these, the risk of confusion among health care professionals and family members is more likely.

No need for shame when getting a divorce

A statistic is often quoted that 50 percent of those getting married in California and around the nation don't stay married. In fact, the divorce rate for the country is dependent on several factors, such as age and when someone got married. Even with such a high number of marriages ending in divorce, it can be a source of shame for some. However, experts want to eradicate that thinking.

Many may view divorce as a shortcoming in their lives. Relationship experts note that it is simply part of life. While some may experience failure in finances, school or health, others may have problems in a relationship. Rather than dwelling on the negative aspect of the divorce, a person should remember that he or she made a choice to end the relationship to improve a situation.

Business protection starts before the wedding bells ring

Planning to marry the one you love is probably one of the most special times of your life. Like most California business owners, you may also be wondering how to protect your assets as you and your beloved spouse build your new life together. It's doubtful anyone gets married while thinking about divorce; however, business is business and you wouldn't be where you are today if you didn't prepare as much as possible for an unpredictable future.

As a company owner, you know there are good times and bad, times of profit, times of loss and challenges that may suddenly arise when you least expect it. Much the same can be said about marriage, and when the two are combined, it can be a recipe for disaster if you don't have all your bases covered.

Women getting divorced should consider estate plannning

The life expectancy for women in California and around the country is roughly five years more than for men. Reports from the Centers for Disease Control and Prevention n thaotet 38 percent of marriages in the nation end in divorce. Couple the divorce rate with the longer life expectancy for women, and it results in many women having the responsibility for managing their finances well into their future. Given this potential, it would be advantageous for women to give serious consideration to estate planning.

One key component of an effective estate plan is a revocable living trust. The trust would give a woman control of her assets while she is living and after she is deceased. A trust of this type also helps heirs avoid probate and the costs associated with it. Following a divorce, it is necessary to update any documentation that names beneficiaries to ensure that assets are not distributed to an ex-spouse.

Veteran's PSTD treatment an issue in child custody case

Post-traumatic stress disorder, or PSTD, is often a condition found in military veterans from California and across the country who have experienced extreme circumstances while serving. Many veterans prefer not to discuss the details of their combat experience or other traumatic events. However, one veteran's refusal to share the details of an event that occurred while he was deployed overseas is at the core of a child custody dispute in another state.

The veteran refuses to discuss the experience as well as the mental health treatment he has received to deal with it. He contends that his PSTD or the treatment he was given has no effect on his parenting abilities. He believes that he should not be required to reveal his medical records to prove he can parent effectively.

Making Moving With Kids Work After a Divorce

In many ways life after a divorce is a chance to set the reset button on your life, but if you have kids in tow things can get a bit complicated. Many divorce agreements set geographical parameters on where a custodial parent can live. The idea is that it is most beneficial for kids to have regular input from both of their parents. While this is often true, each individual parent also needs to be able to move their own lives forward, and often opportunities present themselves outside the original parameters set by the court.

Facing crucial issues in divorce beyond age 50?

Perhaps for the past few decades, you've been fully dedicated to and focused on your marriage and family life. Whether you've balanced a career outside the home in the process or have been a full-time stay-at-home parent raising children, you've likely enjoyed many happy experiences as well as overcome problems through the years. If you're one of many California residents who've chosen to divorce after age 50, you may be facing some of your toughest challenges to date.

Divorce is seldom easy at any age; however, beyond age 50, it can be extremely complicated since spouses typically have more assets and shared interests than in their earlier years together. Known as gray divorce, marital splits after 50 tend to raise a few unique concerns.

Estate planning in a digitally-based world

Before the internet, California residents building estate portfolios likely did not discuss digital assets. In fact, most people would probably wonder what they are. Nowadays, however, the majority of people in this state and throughout the country are tapped into an online world for both personal purposes and those related to business. This has changed the face of many types of transactions, including those connected to estate planning.

Considering digital assets may be a key factor in a particular estate, especially if business interests are involved. There are several things an estate owner can do to organize his or her electronic assets so when the time comes to administer the estate, everything will be spelled out. That may help family members and other concerned parties avoid confusion and stress.

How's your child doing emotionally since your divorce?

Most California parents want what's best for their children, even if it means they sometimes must make decisions that don't make their children particularly happy. If you're a parent who recently divorced, you likely have first-hand experience with this type of situation. Still, like other parents, you hate to see your child suffer, and you might be worried whether he or she is adapting to your new lifestyle in a healthy manner.

There are several things you can do to help your child navigate the divorce process and roller-coaster of emotions that often accompany such circumstances. First and foremost, remember you're not alone, as many other parents in this state and across the nation have trod similar paths. If you know where to look, it's usually possible to find a support network that can help you address any problematic issue that arises.

Avoid these estate planning issues when getting affairs in order

Many California residents want to be as prepared as possible when it comes to their own deaths. Surprisingly, however, some fail to consider the importance of careful estate planning when it comes to protecting their interests and providing for their loved ones. When a person dies with no set plan in place, his or her estate becomes intestate, meaning the probate court will make all decisions regarding its administration.

Those who possess even the most basic understanding of the probate process typically hope to help their families avoid complications as much as possible. This is because the intestate probate process is often wrought with problems that cause stress (and often discord) among family members. Those who execute solid estate plans ahead of time may prevent such problems and keep costs low.

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