I don’t know everything, what I do know is that I have a deep level of knowledge in very few areas of law and financial planning. When it comes to estate planning concepts as it applies to Main Street (not Wall Street) families who are interested in protecting what they’ve worked hard to earn, I’d put my pedigree and knowledge up against any other estate planner or financial planner. That said, in other areas of law, unless I saw it on Law & Order last night, I’m not going to know it….and I’m happy to admit that I don’t know.
That last part is the most important thing. I don’t pretend to know or dismiss things I don’t know enough about, I either learn them or accept that I don’t know. That’s how I got into elder law in the first place. I was a pure estate planning attorney, focusing on what happens when you pass away. But I was being bombarded with questions revolving around “what happens if I don’t pass away and continue to age, then what?” I didn’t have the answer, didn’t pretend to have the answer, so I dove deep into the laws and strategies to become an expert on that answer. Going on to become the second youngest attorney at the time to pass the Certified Elder Law Attorney exam in the nation and become the 15 CELA in the state of Michigan. Then going on to write a book on the subject and then teach Elder Law at WMU Cooley Law School.
Who Do You Trust for Heart Surgery? Heart Surgeon or Family Doctor?
If you are going in for heart surgery would you want the experienced heart surgeon or would you trust your family doctor when it comes to performing the surgery?
Likewise, I’m surprised when families get a second opinion from a financial planner or family lawyer when it comes to our recommendations. We then end up having to educate the family lawyer or financial planner on Medicaid, Medicare, Tax Law, Veterans Benefits, Asset Protection rules, Trust rules, beneficiary designations, etc…
I’m happy to do it, but I just feel for the families who are often mislead when it comes to asset protection by lawyers and financial planners who know enough to be dangerous…and often are.
When it comes to planning to protect you legally from the devastating cost of long-term care are you going to have more faith in a Certified Elder Law Attorney (CELA), who teaches elder law to law students as an adjunct professor, written a book on the subject, teaches continued education to lawyers and financial planners on the topic or an annuity salesman or basic estate planning attorney? I welcome the opportunity to educate the professional on the planning strategies–they often turn into wonderful referral sources.
Price Shop Your Heart Surgeon? Documents versus Planning.
Would you price shop your surgeon? Do you want the cheapest heart surgeon you can afford? Probably not. The difficult thing to understand with good legal estate planning is that not all documents are created equal. If you call up 10 attorneys and ask how much a trust costs, you’ll get varying answers. You can have a trust done online for probably $40 or you can have an estate plan done for free through UAW Legal Plan, if you’re a member. But the age old lesson applies….you get what you pay for. That applies to legal planning as well.
Having a trust or power of attorney isn’t enough. It’s what that document says. Better than that is how those tools are used. If I asked you to get me a paint brush, would you know what type of brush to get me? It’s all about the planning.
Their Ego Versus What’s Best For You
Sometimes, not all the time, there are financial planners or other attorneys who feel like that if they are not familiar with a strategy or haven’t heard of a certain type of trust, that it a) doesn’t work or b) isn’t right for you. This is just their ego getting in the way of what is best for you. You look up to them as a trusted advisor and they may feel that by having a new strategy (asset protection isn’t new, by the way…), it challenges their authority and the respect you may have for them.
This is very closed minded of the advisor and can be detrimental to your planning.
I love working with open minded lawyers and advisors. In fact, just last week I was having coffee with an advisor at one of the Wall Street type financial planning firms and he said to me “Chris, this is amazing, can you come present to my group?” Of course. This is the point, share ideas for what’s best with your clients. Not all planning is right for all clients, but at least know the options out there.
Sure, you can do a basic trust that avoids probate (if funded properly) and controls assets upon death. But you can also build an asset protection trust that does all that PLUS protects you. Get educated. Know your options. Choose a plan that works for you.
The post What Your Financial Planner or Family Lawyer Doesn’t Know, Hurts You! appeared first on Michigan Estate Planning.
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The most important things in your life are probably your children. So when you need legal representation concerning custody issues, here are some things to consider in determining the right child custody attorney for you.
Experience of the Right Kind
A lot of lawyers may be experienced in a variety of areas of law. Will you ask a vastly experienced banking lawyer to fight your criminal case? The answer most certainly will be no. Experience in itself doesn’t matter unless it is the right kind of experience.
Zero Tolerance for False Allegations of Abuse and Abuse Itself
There are two types of cases that need to be dealt with by an iron fist from the very starts, cases that where one of the spouses has abused the child and cases where a spouse has made false allegations of abuse.
Lawyers who have zero tolerance for both of these cases should be at the top of your recruitment list for Orange County family lawyers for their child custody case. Top lawyers know how to deal with such actions and if used correctly, both of these acts could end the case of custody for the opposing spouse.
Making the Most of Child Custody Evaluations
Under California law, child custody evaluations can prove to be a helpful tool for good child custody attorneys. This tool is often used by parties when there is a need to delve deeper into the psychology of the parties and to find out the reason behind their activities. Child custody evaluations can cost you extra money and if you opt for it, make sure your lawyer knows what he or she is doing. There is a typically a list of approved evaluators of custody.
Managing Finances and Costs of Proceedings
There are lawyers that can use your child custody case and your will to get custody of your child to their advantage stretching the proceedings and churning out money. A good family lawyer is typically one that makes sure the case is solved as soon as possible with no issues left unresolved. They will refrain from using child custody evaluations and depositions until they are absolutely integral for success in the case.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
Some family law clients use the word aggressive when they are looking to describe what they believe to be the ideal lawyer. What does the word aggressive mean when it used for describing lawyers? It means the lawyers that are zealous, forceful, and passionate about the case they are fighting.
Aggressiveness in a divorce and family lawyer is not a bad quality. But aggressiveness without temperament and intelligence is not only bad for your case but also expensive for you.
When we talk about aggressive lawyers, there are two types of lawyers in that fit into the category:
The first one in this category and one that you should stay away from when you are looking to hire the best lawyer for your case are the overzealous ones. As you go through lawyers trying to find the best one by having discussions with each, the wrong kind of aggressive lawyers will speak to you about the following things on your visit:
- Going into litigation and court intervention at all costs. They will diffuse any talks of settlement discussions urging you to fight it out with your spouse, thereby increasing your legal fees.
- Using delaying tactics and litigation proceedings to raise the overall costs of your spouse, hoping to strain them into submitting their rights.
- Urging you to make false accusations of domestic abuse, drug abuse and violence against the child to gain advantage in the case.
Lawyers that try and lure you using these tactics might be aggressive in their approach to the case, but are far from being the best.
The best aggressive, reputable Orange County divorce lawyers will handle your case in a completely different way. Here are examples of how they’ll handle your case.
- Top lawyers will make sure that the case is fought once the information relating to the case is clear. They will talk to you at length and go over all of your facts and evidences, using their aggressiveness to guard against assumptions. A good lawyer will make sure they know all the minute details before going into litigation.
- Divorce lawyers are expected to act responsibly not overcharging their clients for aspects that could easily have been settled. Good Orange County divorce lawyers will aggressively advice you to settle with the other spouse on issues that are easily settled. Fighting over petty issues can both waste the time of the lawyers and drive up your legal costs.
- The difference between best divorce lawyers and average ones is that the best lawyers know the art of being aggressive yet polite. You cannot yell at a judge and expect to win a divorce case. Good ones will aggressive with their reasoning and not with their level of their voice.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
This is one concept that is increasingly being used in Orange County divorce and child custody and visitation cases. The custody of children can be one of the fiercest bones of contentions between two spouses. Owing to this, will to win at all costs and to keep the custody of the child is what leads to parents using every mean possible to gain themselves crucial advantages.
One such measure is Parental Alienation. Parental alienation is actually a concept for therapists and psychologists, yet the growing use of the term in the Orange County family law court has become very much part of a family lawyer’s repertoire of knowledge. The definition of the word alienation is to isolate something from another. When parental is added with alienation, the definition becomes: the attempts by one of the spouse to isolate the child or children from the other parent.
This isolation can be done through various means. One parent can alienate the child from the other parent using conduct and/or words to create an estrangement, division, or hostility between the victim parent and the child. There are several types of parental alienation:
Disparagement and Parental Alienation
This is the first step on the long road of parental alienation. Identification of disparagement can result in an insight into the process of parental alienation. Disparagement in this context refers to negative and hostile comments being made about one of the parent by the other parent in front of the child. Any such comment given in front of the child irrespective of whether it was directly addressed to the spouse or not is counted as disparagement.
Undermining Authority and Parental Alienation
Alienation is isolation and the undermining of authority of one of the parents by the other is an important part of the parental alienation cycle. In theory, the custody of each parent over the child and in matters of the child that each has autonomy over are respected by the parent. By undermining the authority and the decisions of one of the parents in front of the child, the other parent gives the child the impression that the style of parenting by the victim parent is wrong and needs to be changed.
Parentification and Parental Alienation
The word parentification may certainly seem new to you, but this word, however is dubious, as its spelling may best describe one of the most important weapons of parental alienation. When couples have gone through a divorce, the bitterness may lead to one of the parents manipulating the child to hurt the other. This is what the concept of parentification is all about. Parentification means granting the decision making power to the child when he/she is neither mature nor capable enough of making decisions for themselves. This is then taken advantage of and the manipulating parent manipulates the child into making decision that are against the other parent.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
It is a common myth in California and all over the U.S. that when it comes to mediation, the role of the attorneys becomes next to nothing. This however is more a fiction that a fact. While it is true for those clients that turn to mediation and want to escape the trials and tribulations of an Orange County court, yet it is not to say that attorneys aren’t allowed in mediation. Orange County divorce mediation is definitely a process that involves direct communication in most cases between the spouses and the process encourages the spouses to sort the issues out themselves.
Having said all that though, the role of an attorney still continues to be in Orange County mediation contrary to the popular belief. In this blog, we take a look at the role of the attorneys in mediation both before and during the process.
Pre-Mediation
Mediation is similar to arbitration and litigation in one respect; the fact that all three of these processes need adequate amounts of preparation. This is where the role of the attorney starts. An attorney can help prepare the clients using any of the following methods:
- By having a detailed conversation with the client regarding what divorce mediation is and the workings of the process. Attorneys are well versed in contrasting and drawing parallels they may use that skill to try and make the client aware of the process by drawing comparison to methods that the client knows well. A good family lawyer is likely to make the client aware of the differences of this method and the intricacies required to make it work.
- By aiding the client in the preparation of arguments and positions that they should take in Orange County mediation. Mediation is a process that has lots of paper work involved. A good divorce lawyer will make sure all the documents of a client are in order and ready to be used in mediation.
The Role During the Mediation
When it comes to the actual divorce mediation process, the role of the attorney is drastically different to one that they have in litigation proceedings. Here, the role of the attorney will only be to assist the client throughout the process. Below is a list of the ways they can assist the client in terms of divorce mediation:
- Attorneys need to first of all take note of the supportive role of the client and then try to help them with respects to information and advice.
- The role of the attorney throughout the process is likely to be one of being cooperative, supportive and committed to the process and their clients, assisting them in trying to bridge decisional differences.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
Divorce proceedings can sometimes turn out to be full blown affairs of emotions and accusations. One such accusation that should be used with care but is used rather sparingly is that of child abuse. Child Abuse is a serious accusation and can shatter even the strongest reputation to pieces. Making an allegation of such sorts is supposedly easy and yet its affects can be far reaching on the spouse and Orange County divorce proceedings.
Most of these accusations are used when the child is an infant or unable to understand the situation and comprehend his or her viewpoint. The Orange County family law court has always encouraged both the parents to stay in contact with the child but have one exception to that rule. If the parent is accused of abusing or neglecting his child voluntarily, he or she can be preventing from contact with the child for an extended period of time and often supervised.
This is what you get if you actually abused your child, but what if the claims were false? What happens to the parent that makes false accusations regarding child abuse in courts?
Curtailed or Supervised Visitation
In case of the court finding one spouse to have lied in the accusation, the court can order a punishment that can affect the falsely accusing parent’s visitation rights. They can be ordered to only have supervised and monitored visitations, or the courts can even curtail the amount of visitation time and number of visits to make sure they are brought to justice for tarnishing someone’s reputation.
Monetary Sanctions
False accusations of child abuse in Orange County divorce cases lead not only to punishments by the courts on visitation rights but it can also involve financial fines. The court can order and impose financial sanction on the accusing parent to pay a lump sum amount to the other parent. This lump sum amount’s sanction; however, cannot exceed the amount of money the accused spent on his/her family lawyer’s fees and other procedural costs to defend him/her against the false accusations.
To claim these sanctions under California Family Code 3027.1, there is no need to show the falsity of the claim in court. The falsely accused parent only has to show that he/she prevailed in the court where this claim was originally made.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
You might find a number of ways of finding a divorce lawyer in California, but finding a competent lawyer whom you can trust with all legal matters, can be a little difficult. In order to find a family law and divorce attorney in Orange County that you feel comfortable with, you must know have some understanding about the qualities of an experienced, competent divorce lawyer.
Here is a quick look at some of the many traits of a competent family lawyer to keep in mind in finding a competent family law attorney:
He Or She Should Be an Expert In Family Law
You can’t rely on a general lawyer for handling your divorce-related problems. You have to consider the attorney’s specialization when relying on online resources and referrals for attorney hint in California. Every lawyer with sound academic profile is not necessarily competent or fully versed in all areas of law. A family law and divorce attorney’s practice should be focused on those areas of law, and not be the “jack of all trades” so to speak. Moreover, family law spans a broad spectrum of family-related legal practices. If you are looking for an attorney for child support, for instance, then make sure that the attorney offers the services you need.
Good Communication Skills
A divorce lawyer must have good communication skills. Family law services also include legal advisory and counseling services. You might need to seek an attorney for expert advice on matters related to divorce, child support, property distribution, alimony, etc. But if the lawyer does not have good communication skills and can’t make you understand his point, he or she can’t help you. So don’t completely rely on referrals and online resources for hiring a divorce attorney. Meet the attorney in person to make sure you are satisfied with his or her professional skills and can communicate with him or her comfortably.
Experience is a Must
An experienced attorney not only handles all the legal matters strategically but you can also count on him for legal advice and counseling. So experience is an important aspect you must consider when hiring a divorce attorney in California. An attorney can’t learn practical aspects of family just by having a law degree alone. Hands-on experience is very important to understand various aspects of divorce law and keep track of changing divorce laws. So make sure that the attorney you are choosing is experienced in handling divorce and child custody cases.
Your Satisfaction is Important
It is very important that you have a good connection with your attorney. Nothing is more important than your contentment and comfort. You might come across a number of lawyers with exceptionally good professional skills, but they treat people merely like files and don’t understand their emotional stress. Therefore, it is recommended to hire a lawyer who puts in efforts to help you cope with the mental and emotional trauma of divorce.
Testimonials and Clients’ Feedback
An easy way to make sure that the attorney you are choosing is reputed and offers reliable services, is looking at the clients’ feedback and testimonials. An authentic and professional attorney has a large client base and their response reflects the quality of services the attorney offers.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
Family lawyers are professionals with adequate knowledge and years of experience who can help you in situations like divorce, child custody, property distribution, alimony etc. though you might also opt for out-of-court settlement, but in case you and your partner are not in good terms with each other and the only option left is divorce, it is advisable to seek help from a reputable and experienced family lawyer in California.
There are countless benefits of hiring a family lawyer. From document preparation to post-divorce legal matters, you can count on these professionals for everything. Here is a quick list of some of the many benefits of hiring a competent and reliable family lawyer:
Legal Representation
From preparing documents to representation in court trials, you can count on divorce attorneys for every divorce/separation-related concern. However, when hiring a divorce lawyer for legal representation, you have two options: either hire them for full representation or go for limited legal representation. In case of full representation, attorneys charge according to the time spent on your case. In cases of limited scope representation, attorneys can offer flat fees, but limited divorce services do not include counseling and post-divorce legal matters such as custody, property distribution, etc.
Wide Range of Services
Family lawyers offer a wide range of advisory and representation services. Take a quick look at some of the scenarios which call for hiring a family lawyer in Orange County.
Separation or Mediation– Hire a family lawyer if you are considering a separation or if you have been presented with a divorce suit.
Spousal Support Agreement– You can hire an attorney if you want to make sure that you get the best alimony agreement in both cases where you are entitled to receive or obliged to give alimony.
Child Support– Rely on a child custody lawyer if you want to receive child support and want to find out if you are entitled to it or not.
Child Support Expenses– If you want to know whether you have to pay child support under any special circumstances and so on, you can count on family lawyers. You can also hire a family lawyer if you want to challenge the custody of your children on any basis.
Advisory Services and Counseling
Divorce attorneys, with years of experience and professional knowledge, make sure that all your legal matters are being handled in accordance with state laws. There are certain restraining orders that you need to follow during the procedure of divorce. Divorce attorneys can guide you about all these laws and regulations and makes sure you are following them. You can also count on them for counseling and expert advice.
Gerald A. Maggio is an experienced Orange County divorce attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
Meanwhile, a new report by US Mobile Data Market, Update Q3 2012, suggests that there has been a drop in the number of texts sent each month by users via cell phone, from an average of 699 texts sent during the second quarter of 2012, to just 678 in the third quarter. While some safe driving advocates lauded the drop as a potential indicator that texting-while-driving laws were influencing behavior, the information in the US Mobile report does not drill down enough to indicate which texts were sent via a potentially distracted driver and which were sent in other situations.
According to NHTSA data, there were more than 416,000 car crash injuries and more than 3,000 car crash fatalities in 2010 due to distracted drivers. The NHTSA report also notes an increase from 2009 to 211 by 50 percent in the number of sent text messages.
Texting only seems to be picking up. A survey by the International Association for the Wireless Telecommunications Industry states that text messaging is only growing: 2.206 trillion texts were sent in 2011 and 2.273 trillion (and counting) texts have been sent by late 2012.
The issue with texting during driving is one of distraction. Texting takes enough attention away from the road – researchers believe texting while driving reduces brain activity by some 37 percent and reduces attention by as much as 50 percent, according to the NHTSA. Studies by the federal government show that human error such as distracted driving, is now the leading cause of car accidents nationwide. In 2010, more than 3,000 people in the U.S. were killed in distracted driver car accidents.
The U.S. Department of Transportation has been pushing for more public education on the dangers of texting behind the wheel, from pushing for a ban, now enforced, which forbids commercial drivers to text or use their cell phone while driving, to advocating for tougher laws and penalties for distracted drivers, to launching http://www.distraction.gov, a website devoted to getting the public to “commit to distraction-free driving.”
Nathan Williams is a Brunswick personal injury lawyer, Brunswick divorce attorney, criminal defense and Brunswick DUI lawyer in Southeast Georgia. Visit http://www.thewilliamslitigationgroup.com or call 1.912.264.0848.
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