LegalEase – June 2022

June 22, 2022

From Our Computers to Yours

Friends:

It’s time to celebrate the Fourth of July!  Whether you have a backyard BBQ, attend a parade, watch fireworks, go to a concert, or hang out with family and friends, we hope you enjoy your well-earned rest while celebrating our freedom.

Be safe and have fun!

Your Attorneys,
Steve Bienstock
Josh Bienstock

YOU’VE SIGNED YOUR WILL.  NOW WHAT?

In previous issues of LegalEase, we have shared articles about Estate Planning.  These articles have focused on the purpose of the various estate planning documents (Last Will and Testament, Living Will, Power of Attorney, Medical Power of Attorney) and on our process for preparing your documents.

What happens after you sign your Will?

Once your Will is signed, we keep the originals in our fire-proof safe.  We email you electronic copies of your documents and/or provide you with print copies.

We are often asked, “Should I file the Will with the Court?”  Although you can file your original Will with the Court (they charge you a small fee), we find that it is most efficient for us to keep the original documents in our safe.  When a client passes away, the client’s named Personal Representative or a family member contacts us, and we walk them through the probate process and what needs to be done next.

“Should I give copies of the Will to the named beneficiaries?”  We recommend that you do not give copies of your Will to those folks listed as beneficiaries.  This is simply because things change and so do Wills.  Someone named as a beneficiary in an earlier (and revoked) Will may intentionally or unintentionally create conflicts in the event of a newer Will.  We do, however, suggest giving a copy to any named Guardians and any named Trustees.  You should provide our contact information to the person named as Personal Representative in your Will and/or to your closest family members, letting them know that if you pass away, they should contact us, that we have your Will and can let them know what needs to be done.

“What if I want to make changes to my Will?”  We recommend that you review all of your estate documents every three years or so to ensure that they still do what you want them to do.  Life and life cycle events (marriages, births, divorces, deaths) often change our estate planning decisions.  If you decide to make changes, we may be able to handle some changes with a Codicil (an amendment), or it may be necessary to make a new Will.  Either way, making changes is easy and should be done if your Will does not reflect what you want.

Have questions about your own estate planning documents?  We are here to help.

*To get copies of our previous articles on “Understanding the Terminology” and “Understanding the Process,” see the February-March 2020 and September 2020 issues, respectively, which are available through our Facebook page.  Or, call us for copies!

BELIEVE IT OR DON’T!

  • Adam and Eve may have been the first to violate Apple’s terms and conditions.
  • The founders of Hewlett-Packard flipped a coin to determine whose name would come first in the company.  Packard-Hewlett just doesn’t sound right!
  • On average, more than 100,000 people a day get a speeding ticket in the U.S.
  • Brazilian prisoners can shorten their sentence by reading books.
  • In China, students can get 7 years in jail for cheating on college entrance exams.
  • Rhode Island’s official name is “State of Rhode Island and Providence Plantations”.
  • California is named after an imaginary island taken from a book written in 1510.
  • George Carlin’s comedy routine “Seven Words You Can Never Say on Television” sparked a legal case over obscenity regulations that resulted in a Supreme Court decision allowing the FCC to censor broadcasts.
  • More vehicles are stolen on New Year’s Day than any other holiday.
  • With 1.8 million prisoners, the U.S. has the world’s largest prison population.

Q&A

 Q.  My spouse and I are divorcing.  If the kids don’t live with me, does that mean I don’t get to make decisions about their needs?
  • A. There are two kinds of custody:  physical (or residential) custody and legal custody.  Physical custody is awarded to either or both parents, and that’s where the children live on a regular basis.   Legal custody is awarded to either or both parents to make major decisions for the children, like medical and education decisions.  Both physical and legal custody can be sole or can be shared.  It can be quite complex, depending on the particular situation.  It’s important to know that custody is decided and granted by the Court.  We can help you understand what can be done in your situation. 
Q.  I’m having a hard time understanding the Court process for my divorce.  For starters, what is Pendente Lite?
  • A. It’s Latin for “pending litigation”. Divorce is “a process,” and because it can take a long time before the actual trial, the Pendente Lite hearing is held to give temporary relief. Some of the issues that may be addressed during this hearing are child support, alimony, visitation, attorney and expert fees, and contribution to household expenses, depending on the specific issues in your case.  It can be very difficult to understand and keep up with all of the document requirements, deadlines, and Court dates.  Don’t hesitate to reach out to us for help.

Do you have a question for us?
Are there any topics you would like to hear more about? 
Email our Paralegal, Sheila, at sheila@bienstocklegal.com
or call us on 301-251-1600.