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Tessmer Tips / 23.03.2016

Before your divorce, you may have insurance policies, a Will or Powers of Attorney that benefit the other spouse, or that name the other spouse as an executor. Before filing for divorce, you may want to make changes. Sometimes changes are prohibited after a divorce is filed, so check with your attorney. You may not want your soon-to-be-ex-spouse to have powers under a health care or general power of attorney — especially not when there is a lot of conflict and life/death decisions are at stake. During your divorce, an Estate Plan can be a relevant part of a property settlement...

Tessmer Tips / 22.03.2016

Start with an accurate list of necessary and discretionary living expenses. You must know how much income you'll need — whether that is spousal support, passive income from assets, or employment. With less time to bounce back from the economic upheaval associated with divorce, accurate budget projections are crucial in the “gray” divorce. We encourage clients to work with a financial professional or financially savvy friend or family member who can challenge their assumptions and categories of expenses. Doing so is cost effective and produces a more precise outcome....

Tessmer Tips / 21.03.2016

“Gray” divorce is a term referring to the demographic trend of an increasing divorce rate for older (gray-haired) couples in long-lasting marriages. Since 1990, the divorce rate for Americans over age 50 has doubled, and has more than doubled for those over age 65.  Today, 1 in 4 people going through a divorce in the U.S. is age 50 or older, and nearly 1 in 10 is over 65.  More than half of all “gray” divorces are to couples in first marriages, and 55% of “gray” divorces are between couples who have been married for 20+ years.   Couples divorcing after age...

Tessmer Tips / 11.03.2016

Today we complete our series on Guardianship.   Differing from a full legal guardianship, the court may appoint to a child a Guardian Ad Litem, (GAL) sometimes called a Court Appointed Special Advocate (CASA). A GAL is an officer of the court who volunteers to act as the voice of the minor, representing the minor's best interests and advising the court.  Many judges will abide by any recommendation given by a GAL.   A GAL or CASA volunteer is often appointed in cases where allegations of abuse, neglect, or juvenile delinquency could lead to the removal of the child from his or her home. In...

Tessmer Tips / 10.03.2016

More information about the subject of Guardianship:   Guardianship is not always necessary. If you are caring for a child that is not yours for a few weeks or months, you probably won't need legal guardianship. If the child needs medical attention, to be enrolled in school or if you need to obtain the child's legal records, legal guardianship may become necessary.   Guardianship is different from adoption. Guardianship creates a legal relationship between the adult and the child but does not erase the legal relationship with the biological parents. If the child is adopted the legal relationship of the biological parents is given...

Tessmer Tips / 08.03.2016

Part 2 of our series on Guardianship:   To seek the appointment of guardian to an individual you must file a petition with the probate court where the person lives. This is usually accompanied by a sworn statement and medical affidavits to support the claim that the individual is unable to care for himself.   To be sure that an individual appointed a guardian is having his/her needs met, the court supervises the guardian's choices. An initial review is conducted after the appointment of a guardian, as well as annual reports afterward.   A guardianship typically ends when a child reaches adult age (18), when a...