In our last article, we gave you an overview of a basic Estate Plan, the different documents that can be included and what they do.   Today, we are discussing probate, what happens when someone dies with a will and when it might be better to have a living trust.   What is probate?   Probate is the court process that takes place after someone dies. During probate, the decedent’s will is proven valid, then his or her property gets identified, inventoried, appraised and distributed after any payments to debts and/or taxes. Probate typically involves paperwork and court appearances by attorneys. Legal and court fees are...

Nearly everyone has an estate. Your estate is simply everything you own – your car, home, bank accounts, life insurance, personal possessions, etc. Some estates are large, some are small, but just about everybody has one. What do they all have in common? You can’t take it with you when you die.   Only two things in life are certain – death and taxes. Estate Planning has something to do with both. A good estate plan carries out your wishes and instructions and makes it happen with the least amount paid to taxes, legal fees and court costs.   That is Estate Planning in a...

Happy Father's Day to all of you loving, hard working dads.  Our tagline may be "Ever Argue with a Woman?" but don't let that fool you into believing we advocate for women only. Here at Tessmer Law Firm, PLLC, we believe in "Families First." In a divorce situation, we work to do that which is in your child's best interests, first and foremost. Giving birth doesn't make one a better parent.  Dads deserve some credit, too!  Here is a set of ten tips for any father out there who may be facing a divorce:   Divorcing Dad Tip #1:  Think carefully before leaving your...

Please, plan for disability.   Estate planning is not only about carrying out our wishes when we die. A good, thorough plan will take care of you while you are living. Durable Powers of Attorney and Medical Directives give your loved ones the authority to make medical and financial decisions for you in the event that you are incapable.  Even without a condition such as dementia or Alzheimers, simply aging can bring with it a loss of mental capacity and leave you unable to manage your finances or health care.   Don’t wait until it is too late to put these documents in place. The...

Divorcing parents should pay special attention to their kids. Don't get caught up in your own drama and forget that your children are struggling to cope, too. Our next family law movie shows us the destruction of a family through a teen's view. The Squid and The Whale is a 2005 arthouse film that won awards at the 2005 Sundance Film Festival and was nominated for the Grand Jury Prize. In the movie, Bernard Berkman is a once successful novelist whose career has taken a downturn. His wife, Joan, has begun publishing her own works to widespread acclaim, which causes growing...

There is no question that divorce is painful under any circumstance. Sometimes a divorcing parent feels so hurt and angry, they want to lash out at their soon-to-be ex and they do that through their kids. This is central to the plot of our next recommended family law movie.   Mrs. Doubtfire is a 1993 comedy starring Robin Williams and Sally Field as Daniel and Miranda Hillard, a San Francisco couple with three children Daniel is a devoted and loving father, but is unreliable as a husband. After a furious argument, Miranda files for divorce and is awarded custody of the children at...