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Phoenix Family Law And Estate Planning Law Blog

Trusts: There is one for every need you may have

Trusts are some of the most powerful tools people can include in their estate planning arsenals. When properly drafted, trusts effectively address nearly any concern a person might have regarding their financial assets and family members. These documents offer peace of mind to those who wish to ensure that they leave no loose ends after they die.

You can choose from several types of trusts. Depending upon your circumstances, you may only need a single trust. However, you can add more than one to your estate plan.

How a trust can protect your children from financial abuse

One of the primary reasons that parents give for early estate planning is the desire to provide security for their children if anything bad should happen to them at the same time. Naming a guardian helps to ensure there is someone you love and trust to watch out for your children if you can't care for them yourself.

Sadly, while people may take the step of naming a guardian, they may not consider how the stress or temptations of guardianship could change that person negatively and impact the care their children receive. Even someone you know well and implicitly trust could engage in abusive or inappropriate behaviors toward your children, especially if there is a financial incentive to do so.

Helping you navigate family law issues in the divorce process

While no family is perfect, some families in Arizona and elsewhere deal with more complex matters than others. Take divorce for example. When parents part ways, this may be beneficial for the spouses because the marriage is no longer working. However, this can be a major and even traumatic life event for the children involved. Thus, it is imperative that divorcing parents consider the family law issues at hand and how best to resolve them and move forward.

It can be challenging to visualize solutions and an end to the divorce process when parents cannot agree on the major family law issues involved. The attorneys at Lincoln & Wenk, PLLC understand how emotional ending a marriage with children can be. Thus, we are sensitive to the matter, taking the time to guide our clients through any obstacle brought his or her way.

Will the new year bring a surge of divorce filings in Arizona?

The holiday season will soon be in the distant rearview for our readers as 2020 gets started and people begin the new year. While many people will start the new year with resolutions they hope to keep, others will be headed to the courthouse to file for divorce.

A recent news report noted that, historically, divorce filings throughout the country surge during the month of January. Only time will tell if Arizona will be included in the rise of divorce filings in the new year, but it certainly seems to be the case that many couples who are experiencing relationship problems oftentimes decide to get through the holiday season before calling it quits. Perhaps this is more common for those couples who have minor children, but, either way, the legal process of divorce is still common enough in America.

Is your ex interfering with your time with your kids?

Raising a child separately from their other parent is rarely easy, even in ideal circumstances. Unfortunately, child custody and parental rights often cause large conflicts after divorce or separation, potentially harming the relationships of both parents with their child.

Many parents choose to test what the other parent and the courts will allow before pushing back. Some parents who push these boundaries find themselves losing privileges and potentially facing other legal consequences. If your child's other parent does not respect your rights or chooses to violate your custody order, it is important to maintain healthy boundaries and keep your rights secure.

Is a crucial document missing from your estate plan?

When most people in Arizona think of estate plans, they probably think of them in terms of making a plan to distribute assets at the end of life. This, of course, is indeed one of the main goals of any given estate plan. However, these plans should probably be thought of more as "worst-case scenario" plans that include other documents in addition to wills and trusts.

One scenario that no one ever wants to face, but that many do, is the need for medical care when the person's receiving the care is unable to specify how they would like the care to be given.

3 steps to choose a guardian for your minor children

Setting the terms for your last will and estate plan when you are relatively young and healthy can be a difficult task. As far from pleasant as it may be for the average person, it can be even more difficult for parents of young children to plan an estate.

One of the hardest decisions to make and aspects of your last will to consider may be who to name as the right guardian for your minor children. It can be difficult to imagine your children growing up without you there to witness their progress, failures, laughter and birthdays. Still, naming the right guardian is the best thing that you can do to protect your children's childhood.

The right approach to child custody issues

In most family law and divorce cases, there are common issues: property division, alimony, child custody and child support. For many parents in Arizona who are going through a divorce, the primary concern is child custody. After all, every parent wants what is best for their children. Disagreements arise, however, over what, exactly, is best for the child in question.

The right approach to child custody issues is to focus on the child, rather than on the conflicting ideas between divorcing or separating couples. Yes, a divorce is going to sever a form of a relationship with your soon-to-be ex-spouse, but you will be forever connected as parents of the child. Attempts to work out child custody arrangements that are beneficial and workable for all involved are encouraged in most cases.

Overview of premarital agreements in Arizona

Like other states, Arizona allows couples to enter into premarital agreements prior to getting married. These agreements are sometimes referred to as "prenuptial agreements" or simply as "prenups."

Premarital agreements may play an important role in a divorce or legal separation, as a couple can use them to specify how their property will get divided. Such is the case even if the court would otherwise have been compelled to divide the couple's assets and debts differently.

Facing divorce? Don’t wait to update your estate plan

The decision to divorce will change the course of your life forever. While it’s important to focus on the here and now, you must also consider the effect a divorce can have on you, your children and your finances in the future.

Once you decide to divorce, take the time to find and review every detail of your estate plan. When doing so, here are five questions to answer:

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  • American Institute of Family Law Attorneys | 10 Best 2017-2018
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