Archive for November, 2008

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Nebraska Safe Haven law changed

November 25, 2008

After 35 children (none of them infants) were abandoned in Nebraska under Nebraska’s safe haven law, Nebraska’s governor signed into law a 30 day age limit for the children that will be accepted under its safe haven law.

Read the full article here.

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When to update your Will

November 25, 2008

When do I need to update my Will?

Typical reasons for changing or updating a Will are:

(1) Marriage or divorce;

(2) Birth or adoption of a child;

(3) Death of a family member or beneficiary;

(4) Changes in the Federal Estate Tax laws or State Tax laws;

(5) Substantial change in the value of your estate;

(6) Change in the nature of your property holdings—for example, if your Will leaves the farm to a son, and the ranch to your daughter, and half the balance to your son and daughter, and then you sell the farm, your daughter would wind up with more (the whole ranch plus one half of everything else) than your son (who would get only one half of the balance);

(7) A Guardian or Executor or Trustee moves away, dies, or is no longer willing or able to serve;

(8) Your children are no longer minors, or are old enough to handle financial matters on their own;

(9) You move to another state; or

(10) You wish to eliminate gifts to certain beneficiaries.

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Divorce, Children, and the Holidays

November 25, 2008

The holiday season is particularly difficult for children whose parents are divorced, especially the first post-divorce holiday season.  Abby Deliz’s article “Helping Children of Divorce Cope During Holidays: Tips for Divorced Parents to Survive the Holiday Season,” discusses how the children may feel and tips to help your children deal with the situation, including:

  • Don’t overindulge the child with too many gifts
  • Parents shouldn’t compete with each other over who gets to give the “better” gift
  • Have a set holiday schedule that the child knows about in advance
  • Make new holiday traditions
  • Set a positive example by getting along with your ex and allowing your child to visit both parents

Please see the entire article for more on the emotional health of your child during the holidays and more tips!

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Divorce Mistakes and Tips

November 25, 2008

Divorce Mistakes and Tips

1.      Don’t use your children as pawns

2.      Don’t start a new relationship first, then put your divorce second on the “to-do” list

3.      Not hiring an attorney

4.      Using verbal abuse

5.      Rubbing salt in the wound

6.      Using a difficult attorney

7.      Becoming passive

8.      Arguing over who gets what

9.      Serving spouse with divorce papers in embarrassing places

10.  Responding with anger

11.  Not knowing (liquidity) of assets

12.  Failure to consider tax consequences

13.  Not understanding retirement accounts

14.  Overlooking debt and credit rating issues

15.  Not maintaining control over insurance policies

16.  Failure to budget (lifestyle; alimony, child support, etc.)

17.  Failure to identify hidden assets

18.  Negotiating w/o a proper inventory

19.  Letting friends tell you what you need or how to feel

20.  Trying to win spouse back by being generous

21.  Viewing divorce filing as “scare tactic” and therefore, not serious

22.  Being unprepared

23.  Not seeking financial advice

24.  Rushing to court

25.  Failing to untangle your assets

26.  Not considering mediation

27.  Emotional attachment to assets during divorce negotiations

28.  Using your divorce lawyer as a financial planner, therapist, or messenger

29.  Beware of settlement offer that looks too good

30.  Forgetting to update Estate documents

31.  Is there a Power of Attorney, living will, etc. involved

32.  Being in a hurry to settle, for unfavorable terms

33.  Taking advice from lay people

34.  Hiring a lawyer who is not a good fit personally

35.  Hiring a lawyer in a hurry

36.  Getting stuck on minor details, or alimony

37.  Not keeping accurate records of child support payments

38.  Doing a quick and sloppy job on financial records

39.  Neglecting the kids

40.  Not taking outside consultants seriously

41.  Talking too much

42.  Concealing information from your lawyer

43.  Becoming consumed by your divorce

44.  Not seeking emotional counseling

45.  Making unreasonable demands

46.  Making recorded statements to others

47.  Speaking with Opposing Counsel

48.  Not taking your attorney’s advice

49.  Not keeping a parenting notebook

50.  Involving your children in the divorce proceedings