Barbara E. Hecht, P.C. FindLaw IM Template2025-03-31T12:42:35Zhttps://www.barbarahecht.com/feed/atom/WordPress/wp-content/uploads/sites/1202021/2019/11/cropped-site-icon-32x32.jpgOn Behalf of Barbara E. Hecht, P.C.<![CDATA[How is a same-sex divorce different from a heterosexual one?]]>https://www.barbarahecht.com/?p=493802022-05-31T11:36:41Z2022-05-31T11:36:41Zwhat these differences are may aid in preparing for negotiations in your divorce or child custody case.
Child custody among same-sex couples
Until same-sex marriage's legalization and even in other situations today, it is not uncommon for only one spouse to be a child's biological parent or adoptive one. If a child came into the picture before same-sex marriage's legalization, there may have never been a formal adoption process by the non-biological parent. Issues arise in such instances.
The non-biological parent may have long been serving as co-parent yet not have established any legal connection to the child. A judge who may not have presided over many same-sex custody matters may be hesitant to give parental rights to a non-biological parent who never established their parentage once the marriage ends.
Same-sex couples and the handling of property division
Another unique issue to same-sex divorce is determining when the relationship began to categorize assets as either separate or marital.
Many same-sex couples joined together in civil unions or domestic partnerships before eventually being permitted to marry. Some judges tend to backdate a same-sex couple's marriage to when they joined together in one of the above-referenced legal relationships, impacting the distribution of assets. This same logic may impact spousal maintenance or alimony negotiations.
How to tackle the complexities of a same-sex divorce
No two divorces are the same. Various factors including recently passed laws, financial means and parental rights, are just a few factors that may affect how divorce or child custody negotiations unfold. Your knowledge of the ins and outs of same-sex marriage can help as you settle your divorce.]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[How will the courts divide property in a litigated divorce?]]>https://www.barbarahecht.com/?p=493252022-04-12T08:51:27Z2022-04-15T08:51:04ZKansas and Missouri are both equitable distribution states
Every state in the country has its own rules about divorce and marriage, but many of them apply similar standards. Like the majority of other states, both Kansas and Missouri require the equitable distribution of marital property in a litigated divorce.
A judge has to seek a fair solution to the property division process. What is fair will depend on the family's unique circumstances. A judge will likely divide your property differently if your spouse filed for divorce because of your diagnosis with a brain tumor than they would in a case involving irreconcilable differences.
The length of the marriage, the income and assets of each spouse, the custody decisions for shared children and even individual health concerns can influence what a judge believes is fair and reasonable when a couple divorces.
You cannot predict litigated property division outcomes
While you can expect that a judge will do their best to reach a fair solution to your property disputes, you have no way of knowing how they will divide your assets and debts in a litigated divorce. High-asset couples may have substantial personal debts to offset the assets they share. A judge might assign more debt or more property to one spouse based on their interpretation of the circumstances.
To push for the best outcome, you need not only to ensure an accurate inventory of your marital assets and debt but also to present your situation to the courts in a way that makes your property division requests seem appropriate and reasonable. Understanding the laws that affect the outcome of a high-asset divorce can help you plan for a stable future after the end of your marriage.]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[Children living between states? Consider this in your custody plan]]>https://www.barbarahecht.com/?p=492222022-02-03T16:12:45Z2022-02-09T05:59:07Zsole custody plan.
When a child lives between states, the state where you divorced has jurisdiction
When you live with a child who will need to travel between states to visit the other parent or for custody purposes, you need to have a plan that considers differences between the states and what to do if your travel plans fall through.
For example, if you and your ex live near each other, but one of you is in Kansas while the other is in Missouri, you should stick to a custody arrangement made in the state where you lived when you were married. That state's court will have jurisdiction, so the plan you set up needs to be followed in both states.
Relocation laws in Missouri and Kansas
When it comes to the relocation of children, Missouri has significantly stricter laws than most other states in the country. Most areas of the country allow for a "geographic allowance" on how far away a parent can move a child. In the "Show-Me State," parents are prohibited from relocating children anywhere without the courts' permission.
Similarly, Kansas parents with legal or physical custody cannot pick up stakes and move without the other parent's permission or court approval. Anything more than 90 days requires written notification sent via registered mail at least 30 days before departure. Failure to take those steps could result in a contempt of court charge and possible reimbursement to the other parent for legal expenses, including attorney fees.
As for how to make custody work, you will need to consider which state offers better schooling, if there are benefits to your child living in one state over the other, and how you will have them travel back and forth. If you live close together, the distance may not be far enough to make a difference. Still, if you live far enough apart that a drop-off or pick-up is not easy to do, then you will need to consider which parent should have primary custody while the other has visitation rights.
A focus on the best interests of children
There are differences between all states, so you should talk with someone who is familiar with the laws in both and anything that may affect child custody or your child's life. Whether there are differences in health care plans and policies across state lines, education, or other topics, you must consider what is best for your child and make your decisions part of the custody order.]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[3 times you might have a case for sole custody in a divorce]]>https://www.barbarahecht.com/?p=492172021-10-27T15:23:19Z2021-10-26T14:04:33ZWhen there is a documented family history of abuse
Divorce often starts because one parent mistreats the other or the children. Parents who file for divorce because of domestic violence will need corroborating evidence to support their claims.
However, if there are medical records, police reports or other official documents that support a parent's claims of domestic violence, family law judges may limit how much access the abusive parent has to the children.
When substance abuse affects one parent's behavior
Addiction can turn an otherwise loving and responsible adult into someone who cannot see beyond their own short-term desires. If your spouse has struggled with alcohol, prohibited substances or prescription medication, they may not be able to safely parent on their own. The courts may agree to award them visitation rather than custody so that their substance abuse does not put the children in danger.
When there is evidence of neglect, abandonment or health issues
Sometimes, perfectly healthy adults choose not to engage in parental responsibilities. A negligent parent might not notice when their children play with lighters or fill a bathtub, for example, both of which could lead to tragic consequences.
A parent who has previously abandoned their children or family could potentially do so again, leaving the children unattended and in a precarious position. Even issues with physical or mental health could limit a parent's ability to provide for their children safely.
Recognizing when your family circumstances might put your children at risk if you share custody can help you better defend them in your divorce proceedings.]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[3 ways a trust helps those trying to plan their legacies]]>https://www.barbarahecht.com/?p=491912021-06-07T22:25:22Z2021-06-07T18:11:40Zto create a trust, but the three below help demonstrate exactly why trusts have become so popular.
They protect heirs from the effects of inherited wealth
Receiving an inheritance can benefit someone, but it can also do a lot of harm. For individuals who depend on government benefits for some of their needs, such as Medicaid to cover expensive medical treatment, an inheritance could mean losing those government benefits. It might be years before someone who inherits a large amount of money can resume receiving those government benefits.
What inheritance they receive might wind up consumed by costs that would have otherwise gotten paid by insurance. A large inheritance can also put someone at risk for financial abuse or manipulation from those who want access to the inheritance.
A trust can help someone avoid these challenges. Those planning on leaving an inheritance for a loved one who is receiving government assistance may wish to consider setting up a special needs trust.
A trust helps older adults qualify for benefits themselves
Your beneficiaries aren't the only people whose benefits status depends on the assets that they have. If you might eventually require Medicaid to cover nursing home care or other major expenses as you age, a trust can help you qualify without requiring that you spend every cent of your own money on medical care first.
Given that the government can review your financial transactions going back five years from the date that you apply, the sooner you plan to qualify for Medicaid, the more beneficial that planning becomes.
A trust helps when you have complicated family situations
If your loved one has a serious issue with addictions, an inheritance could endanger their well-being. It is understandable for you to be concerned about how they will spend their inheritance. That does not mean you have to disinherit them.
A trust can be the perfect tool to leave some support for them while ensuring that they do not use those resources for the wrong purposes. You can determine how much someone withdraws at once or even ask the trustee to manage paying bills or educational expenses on behalf of beneficiaries.
Trusts can also help protect your property, including your home, from creditors or Medicaid and helps minimize the risk of your heirs needing to pay estate taxes. Creating an estate plan that integrates a trust can give you more options about how you manage your legacy.]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[What do my heirs inherit if I die without a will?]]>https://www.barbarahecht.com/?p=491252021-03-09T21:38:35Z2021-03-10T19:35:23Zneed a will if you are not married. For one reason or another, a surprising number of people die without wills each year.
So, what do your heirs receive if you die without a will? In legal terms, when a person dies without a valid will, he or she dies “intestate.” The rules for dividing intestate property differ somewhat from state to state.
Married at time of death
If you die intestate, are married at the time of your death and have children, the law is different for Kansas and Missouri. Kansas recognizes common-law marriage, while Missouri does not. The states also have different rules for what is considered intestate property.
In Kansas, the surviving spouse inherits 50% of your intestate property, and your children each inherit equal shares of the remaining intestate property.
In Missouri, if you only had children with your surviving spouse, then the surviving spouse receives the first $20,000 of intestate property. 50% of the remainder goes to the surviving spouse, and the children inherit equal shares of the remaining 50%.
In Missouri, if you had children with your surviving spouse and had children with someone else, your surviving spouse inherits 50% of your intestate property, and your children inherit the remaining estate in equal shares.
In both Missouri and Kansas, if you are married and have no children, your property will go entirely to your surviving spouse.
Unmarried at time of death
If you die without a will, are not married at the time but have children, your children inherit 100% of your intestate property in equal shares.
If you have no spouse and no children at the time you die, your property will be divided between other family members:
In Missouri, your assets will be split equally between your surviving parents and siblings.
In Kansas, your property will go entirely to surviving parents. If you have no surviving parents, children or spouse, your property will be divided evenly between your surviving siblings.
Of course, there are always exceptions, and special circumstances may exist for grandchildren or other descendants. A will is the easiest way to ensure that your estate passes according to your wishes.]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[The importance of establishing powers of attorney]]>https://www.barbarahecht.com/?p=489382021-01-12T18:03:59Z2021-01-12T17:52:18ZHow powers of attorney works
A power of attorney is an instrument that authorizes an attorney-in-fact – also known as an agent – to handle your affairs if you can no longer do so yourself, or if you are unable to take care of them in person. Most people name a relative as their agent, though you can appoint anyone close to you to this role. You will want to make sure, though, that the agent you choose understands your financial and medical affairs.
You will need to establish at least two different powers of attorney to make sure all your affairs are handled. By establishing a financial power of attorney, your chosen agent can manage your bills, accounts, investments and other related matters. And by establishing a medical power of attorney, your agent can manage your medical treatments and end-of-life care.
Durable and springing powers of attorney
When establishing your powers of attorney, you may want to consider making them durable or springing. Conventional powers of attorney lapse if you become incapacitated, whereas durable powers of attorney do not. Springing powers of attorney only go into effect if you become incapacitated. If you want your powers of attorney to work in one of these manners, you must use specific language when establishing them to ensure that they do.
Having powers of attorney in place will protect you if you cannot manage your affairs in the future. An estate planning attorney can help you establish yours and make sure their provisions are enforceable.]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[3 details to consider when creating a parenting plan]]>https://www.barbarahecht.com/?p=488972020-11-09T17:41:28Z2020-11-11T19:22:35Z
What happens if the other parent does not show up to pick up our child?
Who decides which school our child will go to?
Who determines what doctor our child sees?
How will your child spend holidays?
There are many more considerations parents need to make, these are just a few items that some fail to consider. Below are three details you should keep in mind that can help you answer these questions and more in your parenting plan.
Prepare for custody exchanges
Having a specific plan for how you will handle custody exchanges can prevent a lot of post-divorce stress. Outline when and where exchanges will happen. Decide if you will choose to meet at each other’s homes or if parents will pick children up from school when it’s their parenting time. Creating a process that you will follow if one parent is running late or hoping to make a change to the schedule can also be useful.
Split up parental duties
Thinking about how you will divide the duties you once shared will help keep your children living a balanced life and create a sense of organization during a time of commotion. This includes delegating who will take children to medical appointments and who will manage school and extracurricular responsibilities. Consider who will transport the children to and attend these activities and create a system for splitting all child-related costs.
Include a detailed plan for holiday time
Holidays are a common point of contention for many separated parents. For your child, holidays are likely to be lasting memories as they grow older, so it is important to make these days as positive as possible for them. Creating a thorough plan for holiday parenting time can help eliminate any conflicts in the future. Perhaps you would like to alternate holidays with the other parent, or maybe you want to share custody during holidays so your child can spend them with both parents. You may also wish to include contingency plans for when a parent is unavailable, or conditions for when one parent wants to take a vacation on a holiday.
Creating a balance of rules while providing some flexibility will help you create a parenting plan that your family can keep up and grow with.
]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[Do prenuptial agreements benefit couples?]]>https://www.barbarahecht.com/?p=488882020-10-21T19:22:23Z2020-07-09T17:32:19ZUnderstanding how prenuptial agreements work
Prenuptial agreements account for the individual assets you and your partner bring into your marriage. Your agreement allows you to uphold these as separate property in the event of divorce. Without it, your assets could face division if you split up.
Not every couple needs a prenuptial agreement. Many consider them unromantic, as well as a sign that the relationship lacks in trust. But you and your spouse may benefit from one if:
One or both of you have substantial assets
One or both of you hold employment or retirement benefits
One or both of you own a business
One or both of you have debts or liabilities that you do not want the other to incur
One or both of you have assets you’d like to pass to specific people in your estate plan
Prenuptial agreements and property division laws
Prenuptial agreements also give you and your spouse’s wishes precedence over property division laws. Both Kansas and Missouri’s laws follow the equitable distribution model. This model helps courts determine a fair division of assets based on each spouse’s individual circumstances. Yet, unless your prenuptial agreement unfairly favors one of you over the other, a court would consider it valid and follow its terms instead.
Prenuptial agreements and estate planning
Prenuptial agreements protect your assets from more than just divorce – they also protect your assets in the event you or your partner passes away.
As you are building a robust estate plan, you and your partner will have to consider each of your individual assets, as well as your mutual marital assets. If there is something you or your partner would like to pass on to a specific individual, you might want to include that asset in your prenuptial agreement so you have more control on who inherits it.
If you feel wary about creating a prenuptial agreement, remember that it simply puts you and your partner in control of your own assets. By acknowledging its benefits, you might decide that having one will protect you in the long run.]]>On Behalf of Barbara E. Hecht, P.C.<![CDATA[When should you change your estate plan?]]>https://www.barbarahecht.com/?p=488822020-04-07T18:23:08Z2020-04-16T18:22:04Zmajor life change.
Marriage or divorce
Many people leave their assets to a spouse after they pass. You may have done the same thing in the past, but recently gotten divorced. Now would be a good time to update your estate plan and remove an old spouse.
Likewise, if you got married or even remarried, you may want to add your new spouse to your estate plan to ensure they receive the property you leave behind.
Relocation
Every state has separate rules about estate planning. If you moved to another state since you last created your estate plan, you should consider revising your plan, so it follows the laws of your new home state.
Purchase of large assets
Substantial assets such as a new home or a business should be a part of your estate plan. If you have bought any such property in recent years, you should update your estate plan to include them as well as deciding who the assets will pass onto in the future.
Updating an executor, power of attorney, or trustee
Estate plans often include a variety of additional information such as an executor, who is responsible for handling your estate after you pass; a power of attorney, who handles health or financial decisions if you are incapacitated; and a trustee, the recipient of a trust you created.
If any of these individuals have died, moved to another state or country, or are no longer capable of performing the duties assigned to them, you should revise your estate plan and name someone new for the responsible role.
Contact a lawyer
Estate planning can be a challenging process, especially if you haven’t updated your plan for a long time. If you need significant revision to your plan, consulting with an experienced lawyer can make it a lot easier.
Your estate plan should adequately reflect your wishes for the future, and an outdated plan can cause complications for your family. Stay up to date by regularly reviewing your estate plan after a serious change in your life.]]>