On my way out of my Divorce hearing this morning, someone asked me, “what’s up with the chairs?” I explained that the art installation, “Face the Jury” is meant to represent the artist’s experience serving on a jury and that we all have the opportunity to participate in the judicial system.

More info: http://www.awaka-inc.com/0002_Press/StPete_Press/TampBayMagazine_8_07.pdfWatch movie online Rings (2017)

In celebration of Independence Day & summer, new clients will receive 10% off all month!

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New clients only, must retain firm in July, 2016. 10% off applies to all hourly services rendered during the month of July and all flat rate services purchased during the month of July. Discount does not apply to court costs, filing fees, service of process costs, or other expenses incurred on behalf of client. Contact us for more details.

hqdefaultAs you may have heard, when Prince died last week, he did not leave behind a Will.

Here is why everyone should have at least a basic estate plan. 

Following the death of the musical sensation, his sister filed paperwork with a Court in Carver County, Minnesota naming several of Prince’s siblings and some half siblings as possible heirs to his fortune and stating that no estate planning documents were left.

The administration of Prince’s estate will likely turn out to be an extreme example of the consequences of not having an estate plan.

Not everyone has a multi-million dollar estate with millions of dollars and large business interests to worry about, but every estate- big or small- has a need for at least some basic estate planning.

Most likely, it will take years for all of these issues to be sorted out-  searching for all assets left, who the rightful heirs to the estate are, and how each piece of the estate should be distributed or otherwise dealt with.

Let this be a lesson to you- everyone should have a will. This is not something that should be restricted to the aging or elderly population. This is not something that should be reserved for those with large estates. This will allow you to have some sort of control over how your estate is handled after you die.

I’ve heard people say “Why do I care? I’ll be gone.” Well, if you don’t care about your estate’s assets, maybe you care about your surviving loved ones. You can take simple steps now to prevent leaving them with a time consuming, confusing, and sometimes expensive mess.

What about Prince? It’s too late for him to make a Will…

Since Prince did not leave a Will, all of the important decisions will be left up to the Court to decide. This Court will likely appoint someone called a “special administrator.”

As long as there was no Will, the assets in Prince’s estate will probably pass to his siblings. That is, what’s left of the assets after all the money that is spent fighting over them in Court.

If, in fact, Prince did have a Will that no one has found yet, and it surfaces later this could change who would be in charge of the assets and who receives what assets. If a Will does appear later, it may be contested.

Could the Estate be handled in another way?

There are some types of assets which don’t actually need to be dealt with in a Will. If your assets will pass to someone else by operation of law, through rights of survivorship, through contract, through a trust, or some other method a Will is not the be all and end all. These methods of transfer will overcome directions in your Will.

It is very possible that, although the media has been buzzing about Prince not having a Will, he did have some other method of estate planning in place.

If, however, Prince did die without any estate plan in place, we will most likely see “new” people start to surface claiming to members of Prince’s family. If this does happen, there could be family members that Prince never knew who stand to inherit a substantial portion of his estate. By not having an estate plan, this would open the potential for more people to claim pieces of the estate. People with whom Prince had business relationships could even attempt to join the case and assert rights to his assets.

For most people with an estate plan, a Formal (full) Administration of an estate would take between 9 and 12 months. Prince’s estate will probably take years.

Learn a lesson from Prince- 

Regardless of the size of your estate, someone will have to manage it if you are not able to. Estate planning will empower you with the tools to decide who will manage what and how.

The need to plan applies to everyone. A basic estate plan can help your family avoid turmoil.

 

 
16246527741_88fc15a0bb_oThis morning, I was meeting with a client who is going through a divorce. She and her estranged husband have a 3 year old daughter together. Of all of my current family law clients, this one is the youngest.

She spent some time telling me about how their marriage had fallen apart and why they couldn’t make things work. As most of these stories are, there were some unpleasant occurrences between them and some intense emotions.

Then, she told me about how her husband is as a father. She told me how her daughter’s face lights up when she sees him. With tears in her eyes, she told me about how much he loves their daughter and how much her daughter looks forward to the time she spends with him. She thought about how mean it would be to keep her daughter away from her daddy just because the parents aren’t getting along.

It was then that she said something that I’ve been thinking about ever since. Very wise words that I felt compelled to share: “I can be mad at him and I can be mean to him, but I will never be mean to [my child] because of him.”  

While this is not the case for every family law client, and I am well aware of the multitude of circumstances in which it is actually in the child’s best interest to have limited contact with one or both of their parents, I was very impressed with her ability to see that this was not the case for her family. And, to have the maturity to be thankful for that. In my opinion, it is the mark
of a good parent to have the ability to separate her personal feelings about the man from his ability to be a good father for their daughter.

It’s sometimes hard to remember, as things heat up in family law cases: your ex is not your child’s ex.  Children love both of their parents after divorce papers are 15212431091_b8d1ed57c4_zfiled just as much as they did before the papers were filed. It’s important to remember that when you talk badly about your ex in front of your children, it hurts their feelings to hear you say those things about someone they love. The children did not choose to have their parents separate and they should not be made to feel guilty or bad for loving both of their parents.

Happy New Year!

Is estate planning or creating a will at the top of your resolution list? Probably not.

As the New Year begins, here are 4 reasons to take care of your basic estate planning now:

1. It’s easy! Answer a few questions and we take care of the rest. Call or email Hancock Law Firm to set up an appointment. The consultation is free, and we will work around your schedule.

2. It will save money and it just makes sense! Preparing a Will and Power of Attorney now saves money later. The rates for creating these documents are affordable and the trouble saved is invaluable.

3. You can cross it off your “to-do” list. Everyone needs a Will, but it’s easy to push off creating one. As 2016 begins, get started on the right foot and take care of this.

4. It’s better late than never, but it’s better now than later. If you become incapacitated or otherwise incompetent, you will lose the ability execute these documents so it’s best to have these taken care of.

To help you get started with your resolutions, Hancock Law Firm, PLLC will discount any estate planning package by 20% during the month of January, 2016. Contact us for prices and to set up your free consultation!

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This Christmas, as you gather with family and friends, as you slice the ham and give thanks for all of your blessings- remember the empty seat left at other tables because first responders are keeping watch.

As you exchange gifts and see the wonder in your child’s eyes- remember the firefighter who is missing his baby’s first Christmas.

Hancock Law Firm wishes a Merry Christmas to first responders and their families.Watch movie online Logan (2017)

Thank you for your sacrifices.

Thank you for leaving your family to keep other families safe.

Every day you show the true spirit of giving.

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