Is Probate Still Required If There Is a Surviving Spouse?
Probate is a court-supervised process that is required to settle many estates and ensure that creditors and heirs receive what is owed to them. However, probate does take time and can be expensive. Many individuals wonder if the process is required in a situation where one spouse survives the other’s passing....
Does Divorce Affect Retirement Benefits?
One of the most important steps that divorcing couples must take is to divide their marital property. While marital property includes many tangible items like real estate, it also includes intangible assets like retirement benefits that are subject to an equitable distribution. Understanding the impact of divorce, and how to protect...
The Elective Share: How Much Does the Spouse Get?
When it comes to estate planning, many people are surprised to learn that a spouse can’t be entirely disinherited under Massachusetts law. Whether you're the surviving spouse concerned about your rights or someone looking to limit your spouse's inheritance, it's important to understand the concept of the elective share. This legal...
Common Financial Mistakes to Avoid in a Divorce
Divorce brings major upheaval in the lives of both spouses, no matter how simple or amicable it is. The decisions that the husband or wife make during the divorce process could affect their well-being for years into the future. This is especially the case with respect to financial matters. If a...
Essential Steps for a Smooth and Cost-effective Uncontested Divorce
Spouses who are able to agree on the issues arising out of the end of their marriage may be able to obtain an uncontested divorce. The path from separating and announcing one’s intent to divorce, to actually obtaining the divorce itself, is fraught with potential legal hurdles. But there are steps...
Can I Bring My Sibling to the US?
American citizens often express interest in bringing their non-citizen brothers and sisters to the United States. It is possible to help your sibling acquire permanent residency status, which opens the door to full citizenship later. However, the process often takes years and there are a number of steps that have to be...
Choosing Your Healthcare Proxy: Selecting the Right Person to Make Decisions
A healthcare proxy is a document that allows an individual to designate someone else to make medical decisions on their behalf in the event they are unable to do so for themselves. Together with other instruments like a living will (a/k/a advance directive) the healthcare proxy helps individuals preserve their medical autonomy...
What Do I Do When a Loved One Unexpectedly Passes Away?
The sudden passing of a loved one brings immense grief as surviving family members struggle to cope with the loss. Besides the heavy emotional toll that you must face, there are the financial and legal realities to which you must now adapt. The estate planning attorneys of LaFountain & Wollman P.C....
What Types of Questions Does USCIS Ask at a Marriage-Based Interview?
A marriage-based green card allows a non-citizen spouse the right to live and work in the United States as a permanent resident. Before granting this status to the spouse, U.S. Citizenship and Immigration Services (USCIS) must make sure the marriage is legitimate. This is to deter and prevent individuals from using...
Updating Your Living Will: Reflecting Changing Circumstances
A living will, also known as an advance directive, informs health care providers about an individual’s wishes concerning end-of-life care. The living will is a powerful tool that helps ensure dignity and comfort in the event an individual is no longer able to communicate his or her medical preferences. However, there...