Richard E. Fowlks, Attorney at Law

Portland Family Law And Estate Planning Blog

Probate entails various points, take them one at a time

Some adults choose to create an estate plan that includes a will, and sometimes, trusts. Anyone who is responsible for the handling of the estate when a loved one passes away should be prepared for the duties that come with this task. It isn't always easy because some estates are fairly complex. Knowing how to take care of the necessary tasks can make doing them easier when you are already dealing with the emotional trauma that comes with the loss of your loved one.

We know that many people have some questions about what they are going to have to do. This is common, so finding out how the laws apply to your situation is imperative. You can't make errors when you are handling these matters because serious repercussions can come if you don't handle things correctly. We are here to help you with these legal matters.

Divorce can change the direction of a business

When you get married, you assume it will be forever. This is understandable, but you can't be so focused on that point that you make mistakes that can cost you dearly if the marriage does fall apart. If you have a family business, you need to think about what might happen to that if you do go through a divorce. The possibilities might be rather frightening.

There are a few ways that a business can be handled in a divorce. Of course, if you had the business going into the marriage, you may have a prenuptial agreement that outlines what is going to happen. If this is the case, the terms of the agreement will be followed as long as the court doesn't determine that they overly favor one party.

Know what to expect when you are going through a divorce

The end of your marriage might bring up many emotions, so you have to figure out how to handle those or else they might consume you. While everyone is different about this aspect of a split, one thing that you can count on is that you will often feel like you are on an emotional roller coaster. You might be happy to be free one minute and upset that your spouse is gone the next.

We know that one of the factors that can sometimes have an impact on what you are going to do is to know what is possible. Being able to have an idea of what is going to happen might help you feel more in control of your future. This can also help reduce the stress that you feel.

Build the life you deserve after divorce

One of the things that many people wonder when they are divorcing is whether they will ever be happy again. You should remember that your broken marriage is likely one of the primary causes of stress and negativity in your life. When you choose to call it quits, you are taking the first step in being able to build a peaceful new life that you can fully enjoy. You aren't having to deal with what might make your ex happy or cranky. You can focus on yourself.

You need to make sure you are giving yourself the best chance at happiness possible by working through the emotional aspect of the split. You might be upset that the marriage ended. You may be sad about all of the things you thought you'd experience during the marriage and know that you won't get to know. The emotional battles that you are facing aren't likely going to go away. In fact, you might feel like you are on a roller coaster with them. Your focus needs to be on how to face them in an appropriate manner, so you can continue to move forward.

Divorce prep, do not forgo it

Are you ready to end your marriage? You may think you are, but you may want to consider doing some things before jumping right into divorce proceedings. Look, wanting to get it over with as soon as possible is understandable. Any Oregon resident in your shoes likely feels the same way. However, divorce prep is key to getting through it relatively unscathed.

A number of attorneys from all across the country contributed to an article about divorce preparation that was released in 2018. The following information may just help you achieve a divorce agreement that is fair and sets you up for post-divorce financial success. So, what things might you want to do before filing for divorce?

Understand how financial support works for your children

Parents who have a child custody order will also have a child support order that determines how the child's monetary needs are handled. This order usually covers which parent is responsible for making support payments to the other parent. It also covers other points, such as who will carry the children on their insurance, how extraordinary medical bills will be handled, and what happens if the child has daycare or other necessary bills.

If you are going through a divorce, make sure that you understand exactly what your duties are for support. You should also review your ex's responsibilities so that you know what to expect from them. Together, the goal is that your children will have what they need. We know that having to give the funds to the ex is hard for the paying parent, but children aren't responsible enough to ensure that things are getting paid.

A positive mindset can benefit you greatly in divorce

The emotional trauma you feel during a divorce is normal. After all, you are saying goodbye to one of the most important relationships in your life. Still, this isn't a time to focus on the negative aspects of the situation. Instead, adopting a positive mindset can help you remain strong and get what you need from the split.

One area to ficus your efforts is the property division process. When you and your ex are negotiating this facet of the divorce, you need to make sure that you aren't settling for less than what you are due. Sometimes, people accept settlements that aren't in their best interests just because they want to be done with their ex. Never allow this thought to overtake you.

Avoiding probate might be possible with planning

Thinking about having to go through probate when your loved one passes away might bring up feelings of fear and dread. It doesn't have to be this way. In some cases, a person's estate plan might make it possible to avoid probate.

There are several things that the probate process does. It is a court process that works to determine what the wishes of the decedent were. The court has to authenticate the will and determine who is going to serve as the executor of the estate. Heirs are identified during the process, as are the assets that are part of the estate.

Money matters and how they apply to divorce

Divorce can be one of them most challenging experiences of your life. No matter how much you may want to be done with your marriage and move on to a new lifestyle, the issues you and your spouse must work through in order to achieve a settlement can prompt intense emotions on both sides and also spark dispute if you happen to disagree on certain matters. Financial issues and those involving child custody tend to be most often prone toward contention.

However, just because you don't see eye-to-eye doesn't necessarily mean you won't be able to amicably resolve your differences and devise a fair and agreeable plan for your post-divorce future. Regarding financial issues, the more you learn ahead of time about state laws, your rights and how the family justice system works, the better.

Set realistic plans for your money and property after divorce

Property division involves splitting up everything from the silverware in the kitchen to the house and investments. Making sure that you go into the process prepared can help immensely when you are faced with having to do this during a divorce. We know that this might seem like a daunting task, but we are here to help you through it all.

One of the most important things you have to remember is that every asset you have can either help your future or harm it. You have to be able to think logically about what will happen with each one. For example, you might think that the house will be a great thing to fight for. But what if it needs repairs and the mortgage already eats up a good portion of your income? Your dream home might become a nightmare.

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Richard E. Fowlks, Attorney at Law
1607 N.E. 41st Avenue
Portland, OR 97232

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