What To Do if the Executor Does Not Follow the Will

A will is a document that sets out your wishes for how your property should be divided among heirs when you pass away. You can also use this legal document to name guardians for your minor children and appoint an executor for your estate.

When choosing an executor, you can select a friend or family member you trust to handle the job in a way that best honors your wishes. You can also choose to work with a probate lawyer or hire another type of professional to administer your estate.

No matter who you select as executor for your estate, you have an expectation that they will follow the will and carry out their duties in keeping with your instructions. If you’ve lost a loved one and feel that the executor of their estate is not following the will, you have some legal options.

Does an Executor Have to Follow the Will?

Yes, an executor’s job is to probate the will, and that includes following the instructions in the will when it comes to disbursing the assets of the estate.

The one exception is if there is a conflict between state estate laws and the provisions of the will. In these cases, the executor may need to act in accordance with the law, though it can be a good idea to consult a lawyer if there is any potential conflict. If a lawyer helped create the will in the first place, it should be compliant with state laws. However, if someone created a will in one state and moved to another state before passing away, the state laws governing their estate may make some parts of their will invalid. (It’s a good idea to update your will if you move to another state for this reason.)

When Will the Courts Intercede?

If you believe the executor is not following a will, you may be able to petition the court to appoint another executor. Typically, you must be a beneficiary, potential heir, or someone else with a valid interest in the matter to make this petition.

Once a petition is filed, the court schedules a hearing on the matter. You’ll have to make a case that the executor has acted in a way that supports their removal from the position. Some reasons courts may remove an executor and appoint a new one include the following:

  • The executor has not upheld the wishes recorded in the will, such as not disbursing assets as the will instructs
  • The executor has not done anything at all, and enough time has passed that there’s a reasonable expectation they should have handled some tasks of estate administration
  • The executor has managed the estate very poorly, including actions such as unnecessarily wasting assets or stealing from the estate
  • The executor has a compelling conflict of interest at this time that makes them not suitable for the role
  • The executor has been convicted of a felony, which may make them ineligible for the role

The burden of proof is typically on the party filing the petition to demonstrate why the executor should be removed. The courts don’t typically remove an executor simply because there’s a minor disagreement or the beneficiaries think the executor is moving too slowly and they want their inheritance faster.

What If You Don’t Agree With the Will?

In some cases, the executor may be following the will but you don’t think it’s valid. Perhaps you believe there’s another, later will that should be followed or you don’t believe your loved one would have signed the will in question without being coerced.

In these cases, you wouldn’t challenge the executor. You would need to challenge the validity of the will. Contesting a will involves making a case in court for why the will is not valid; a probate lawyer can help you understand what your options are for making such a case. They can also file the necessary petitions and make the arguments on your behalf.

Can You Sue the Executor if They Don’t Follow the Will?

In addition to petitioning the courts to replace an executor, you might have a civil case if the executor didn’t follow the will and you can show you suffered damages related to that fact.

For example, if the executor failed to act in a responsible way when handling investments, you may be able to show that they were negligent in protecting the estate assets. If that resulted in a smaller inheritance, you might seek compensation for those losses. Or, if the executor stole from the estate or misused estate resources, you might seek compensation for what he or she took.

Whatever action you want to take in regard to an executor or a contested will, having an experienced estate attorney on your side can help increase the chances of a positive outcome. If you’re looking for help shoring up your own estate plans, need assistance with the estate administration process, or believe you have a case for replacing an executor, contact Karen Ann Ulmer, PC, attorneys at law to find out how we can help.

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What is a Master in Divorce?

The master in divorce is an experienced family law attorney appointed by the court who may help you and your spouse resolve your differences. Masters resolve contested divorce and annulment cases, including post-divorce alimony and equitable division of debts and assets. A divorce master will not provide legal advice or help you file for divorce.  

The master does most of the court’s work in a divorce case. This process aims to lessen the judges’ workload, resolve disagreements and prevent cases from going to trial. A master’s duties include conducting conferences to resolve the following issues: 

  • Equitable division, alimony changes, and child custody disputes 
  • Counsel fees, costs, and expenses 
  • Special relief and discovery (the process by which the parties exchange information, documents, and testimony before a trial)  

The master (the term “hearing officer” is used in the statute) can hear testimony and take evidence. 

How Does This Work? 

After discovery, the parties may agree on the division of your assets and debts, for example. If so, we will draft a settlement agreement outlining the agreement’s terms, file it with the court, and if all goes well, it will be part of the divorce decree. If we cannot reach an agreement, we can request a masters hearing, which may come four to six months later. 

Before the hearing, we will create a document for the court stating the relevant information in your case, including facts about you, your children, spouse, incomes, and assets. With it will be copies of relevant documents the parties exchanged during discovery. Your spouse and their attorney will do the same. The master will review both sides’ submissions before the hearing to understand the issues the two of you have resolved and those still in dispute. At the hearing, both spouses, their lawyers, and the master meet in a courthouse conference room.  

If the master feels the need, testimony would be taken to create a complete record of the relevant facts. If some facts are disputed, the master may use testimony to make credibility judgments about the parties and witnesses. 

The master makes recommendations to help the parties reach an agreement.  If you do so at the hearing, the agreement is read to a court reporter, who records it as a court transcript. The master sends the file to the judge, who signs the final decree. 

If there is no agreement at the hearing, the master writes a report with a statement of facts, conclusions of law, and a recommendation to resolve the issue. It is sent to the attorneys in the case. We would have 20 days to discuss and accept or reject it. We could also ask the master for a new hearing. If one or both sides disagree, the recommendation can be appealed, and a hearing with a judge will be requested. The judge will hear arguments on the exceptions at the hearing and issue a final decree. 

Get the Help You Need From Attorneys You Can Trust 

A divorce has many moving pieces. You can get into trouble if you do not understand how it all works together. A critical component is court procedures. You may have a strong case that should help you reach your goals, but if you do not know how the court system works, what you need to do, and who does what, you may fall far short.  

The attorneys at Karen Ann Ulmer, P.C., can answer your questions and represent you in your divorce so you will have the best chance possible for a positive outcome. Contact us today to see how we can help.   

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How Does the Adoption Process Work in Pennsylvania?

Adoption is almost always a joyful event. Over 100,000 children are legally adopted in the United States every year. A Pennsylvania adoption attorney can explain this state’s own adoption rules to prospective adoptive parents and guide them through the adoption process.

Like almost everything else in the law, an adoption is seldom straightforward or simple in this state, so prospective adoptive parents must have the right adoption attorney protecting their rights and providing sound legal advice from the very beginning of the adoption process.

As you may already know, an adoption is permanent. Those who seek to adopt will need to comprehend – thoroughly – the gravity and magnitude of the choice they are making.

What Are the Different Types of Adoptions?

If you adopt a child in Pennsylvania, you assume legal parenthood and have the right to decide about that child’s healthcare, education, and well-being. A Pennsylvania adoption lawyer handles these types of adoptions for prospective adoptive parents:

  1. step-parent adoptions
  2. domestic adoptions (of non-related children from within the U.S.)
  3. international adoptions (of non-related children from another nation)
  4. adult adoptions in particular circumstances

What Should Prospective Parents Know?

Prospective adoptive parents in Pennsylvania need not be affluent, but they must be able to offer a stable environment and a safe home that fosters and enables a child’s physical and mental health along with the child’s social and educational needs.

If you and your spouse adopt a child, you will both become legal parents with considerable legal and financial obligations. If you and your spouse legally separate or divorce after you’ve adopted, your responsibilities to the child do not cease until that child becomes a legal adult.

What Are the Legal Requirements for Adoption?

To adopt a child in this state, by law, there are no gender, sexuality, or marital status requirements. However, particular adoption agencies may have some of their own requirements. Prospective adoptive parents should be financially, emotionally and physically ready to adopt before beginning the process.

Depending on the type of adoption, you may also have to satisfy requirements like submitting to a home study or completing parenting classes. Most prospective adoptive parents will also be subject to fingerprinting and a criminal background check.

It is illegal in this state for prospective adoptive parents to pay a birth parent any living expenses. Before you pay any of a birth mother’s expenses, please contact a Pennsylvania adoption lawyer to ensure that your adoption is handled properly and is fully compliant with the law.

Is Your Adoption Domestic or International?

Prospective adoptive parents in Pennsylvania who are not adopting a related child or a step-child may choose to work with a domestic adoption agency, pursue an international adoption, or adopt a child who is currently in the foster care system in this state.

Some of the domestic adoption agencies are “full-service” agencies that provide counseling and guidance to both birth parents and to adoptive parents as well. These domestic adoption agencies may also conduct “home studies” of individuals and couples who are seeking to adopt.

International adoptions are usually more complicated and costlier than domestic adoptions, and laws in the child’s nation of origin may apply. A birth parent, a lawyer, or a judge in the child’s nation of origin could unexpectedly delay or disrupt the process. Consult a Pennsylvania family law attorney before you take any steps regarding an international adoption.

What Are “Open” and “Closed” Adoptions?

Pennsylvania law allows for open adoptions, which maintain the lines of communication among the biological parent or parents, the adoptive parent or parents, and the adopted child.

In a closed adoption, all records of the adoption are legally and permanently sealed, and a biological parent may not under any circumstances attempt to reach, to harass, or to interfere in any way with the child or with the adoptive parents.

Adopting parents should thoroughly understand what an open adoption entails and should settle only for an agreement that they are comfortable and pleased with.

What Should Birth Parents Know?

If you are a prospective birth mother, a Pennsylvania adoption attorney can help you decide if adoption is the best choice for you and your baby. An attorney can help you understand the applicable adoption laws so that you will know your baby’s adoption is handled properly.

To complete the adoption process, birth parents must legally consent to the adoption and the termination of parental rights. This consent may only be signed seventy-two hours or more after your child has been born, and you will have thirty days to revoke your consent.

The laws that address fathers and adoption are complicated, so whether a father’s consent is required for an adoption will depend on your particular situation. An attorney will explain the details about the father’s involvement and will take the legal steps to protect you and your baby.

It does not matter what stage of pregnancy you are in or even if your baby is already born. Let an adoption lawyer discuss adoption with you and guide you through the process.

Prospective Adoptive Parents Must Be Cautious

Not all adoption agencies are professionally operated, but a good adoption lawyer will protect your interests and ensure that your adoption is conducted ethically and legally.

Seeking to adopt without an attorney’s help or without the help of an established and reliable adoption agency may make prospective parents vulnerable to adoption fraud.

Some couples have lost thousands of dollars to savvy con artists with pictures of smiling children who are supposedly waiting to be adopted. Don’t be a con artist’s victim. Have a Pennsylvania family law attorney handle your adoption from the start.

What Else Is Important to Know?

As you might expect, prospective adoptive parents will need some patience. Depending on the details of your adoption, the adoption process in Pennsylvania can take anywhere from a few weeks to a year or more.

When all of the other requirements have been satisfied, your attorney will schedule a final adoption hearing, and a Pennsylvania judge will issue a final decree that grants you full legal parental rights and completes the adoption process.

Scores of children need adoption right here in Pennsylvania; thousands more around the world also need adoption. Whether you are placing your child for adoption or seeking to adopt a child, when you are ready to begin, a Pennsylvania family law attorney will be ready to help.

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Counseling During a Divorce

Going through a divorce is one of the toughest experiences a person can have. This is true even when the divorce goes rather smoothly. The reason divorce is so difficult is intimately linked to our emotions.

Love is an emotional experience. But it can be hard to maintain a relationship and over time your emotions can move from love to hate or frustration with them. This then often leads to self-doubts about ourselves. Were we not good enough people for them? Were we not good enough people for love? Do we even deserve to find love again if we’ve messed it up this time?

Dealing with questions like these is a normal, though extremely difficult, facet of going through a divorce. All of these emotions can be mixed up and confusing, especially when there was physical or mental abuse present in the marriage.

That’s why divorce counseling exists. Today we’re gonna learn what divorce counseling is, the purpose it has, and what you can expect from a divorce counselor should you decide to visit one.

What Is Divorce Counseling?

There are many different types of counseling available for a variety of different reasons. Divorce counseling is the type we use to explore, understand, recognize, and then resolve the conflicts that have arisen due to the divorce.

As a type of psychotherapy, it focuses on discussion with a trained counselor. Depending on where in the divorce process you are, you may start at a different point in counseling. For those who are just considering divorce, divorce counseling might be an option to determine if a divorce is the right choice.

A safe space is provided for individuals to discuss the challenges that they face in the relationship and their emotions, as well as their feelings about their partner as well. Your counselor will likely have some tools they can offer you to help you better manage all the emotions you are dealing with as part of the process.

Divorce counseling can be pre-divorce or post-divorce. Each presents its own issues that can be worked through and counseling can help with both.

What Is the Purpose of Divorce Counseling?

The purpose of divorce counseling, first and foremost, is to help those who are considering divorce, going through a divorce, or those who’ve just finished a divorce to better cope with their emotions during and throughout this turbulent experience.

It’s impossible to overstate how emotionally charged divorces are. Countless studies have shown that divorces bring up a range of negative emotions, even when separating from each other is the right choice to make.

The reason makes sense when you break it down. When we get married, we promise ourselves to each other until death does us part. But divorce is not death. It might be the right choice because the relationship is toxic, but it still represents a failure of the original stated goal. This can leave a lot of confusing feelings. We wonder if it was our fault or theirs. We wonder if we can ever get married again if our word, our vows, turned out not to be true.

There is an incredible amount of self-doubt involved in a divorce. This self-doubt may be mixed with anger and resentment but it is often a source of that anger and resentment rather than a separate emotional experience to it. When all sorts of emotions like these get mixed together, it can make it impossible to move forward with a divorce in a reasonable manner.

By meeting with a divorce counselor you are taking a proactive step in untangling this emotional web. As a result, you will build better tools for managing your anger, resentment, and self-doubt. These in turn can allow you to react with more calm and thoughtfulness during the divorce proceedings. Rather than just arguing and fighting because of all those pent-up emotions, you can develop the tools that allow you to deal with the situation in a healthy manner, one that allows the proceedings to move forward smoother and thus finish up quicker.

How Does Divorce Counseling Work in Practice?

Divorce counseling can be quite varied in practice. Some divorce counselors may work in a private practice while others work at a counseling center and still others only practice online. These will all function differently in the minutia, such as arriving at the practice and checking in with the receptionist or logging onto a designated website or video conferencing program.

However, the actual meetings will follow a much similar format. Your counselor will want to meet with you to get an understanding of the reasons behind the divorce. This will also allow them to get a much better sense of the situation, not just the divorce itself but where each party lies in terms of their emotions and rationalizations.

This will be done through discussion and conversation. But the conversation can actually be much broader than people expect. A divorce counselor wants more than to just help with the divorce. They want to provide you with tools and resources that will allow you to heal and grow into a stronger individual. To this end, they may teach coping skills for dealing with your emotions or offer self-care advice for individuals whose emotions make it hard for them to care for themselves. They can also help you in developing a new plan for your life now that you are going forward on your own again.

How Can I Tell If I Need Divorce Counseling?

If you are having a difficult time with the divorce then divorce counseling could help. But it may be hard to tell because everything is so stressful.

That stress is a sign that you could use counseling. Other signs include:

  • Irritability
  • Lack of appetite
  • Lack of personal hygiene
  • Destructive tendencies
  • Depression and anxiety
  • Random crying fits
  • A reliance on drugs and alcohol

These are just a few of the signs. If you are going through a divorce, chances are good that you could benefit from divorce counseling. At the very least, it is worth reaching out to a divorce counselor to ask their opinion.

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Scholarships, College, and Divorce: What Do Parents Have to Pay?

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A divorce ends a marriage, but if the spouses are parents, divorce does not end their relationship. If you are divorcing in Pennsylvania or if you are involved in a dispute over child support after your divorce, you must be advised and represented by a Pennsylvania child support attorney.

After a divorce in Pennsylvania, will a parent be obligated to pay for a child’s college tuition? What are a Pennsylvania parent’s rights and obligations when it comes to child support? What do divorced and divorcing parents need to know about the child support laws in this state?

If you’ll keep reading this brief discussion of a divorced parent’s child support obligations in Pennsylvania, these questions will be answered, and you will also learn how a Pennsylvania family law attorney will provide the legal help you may need in a child support dispute.

How Does Pennsylvania Law Address Child Support?

All Pennsylvania parents are legally obligated to provide financial support for their children. When a divorce is finalized, a child support order will be issued by the court requiring one parent to make monthly payments to the other parent to share the expenses of child-raising.

The parent who has the most time with the child (the “custodial parent”) usually receives child support payments from the other (“noncustodial”) parent. Pennsylvania law presumes that a custodial parent already supports the child financially.

The amount of child support ordered by the court is based on the state’s child support guidelines, which take into account the number of children and the income of each parent. Judges have some flexibility to account for a child’s needs, a parent’s ability to pay, and the custody arrangement.

When May Judges Diverge From the Child Support Guidelines?

On the basis of the factors listed below, a Pennsylvania judge may increase or decrease the amount of child support indicated by the state’s child support guidelines:

  1.  a parent’s or child’s unusual needs or unusual obligations
  2.  a parents’ other child support obligations
  3.  the child’s age
  4.  the combined assets and liabilities of the parents
  5.  medical costs not covered by health insurance
  6.  the family’s standard of living
  7.  most importantly, the child’s best interests

In any matter involving a child that comes before a Pennsylvania court, the child’s best interests will always be the court’s highest priority.

For How Long Are Child Support Payments Required?

In most cases, a noncustodial parent in Pennsylvania must make child support payments until a child reaches the age of 18. If the child is physically or emotionally challenged or disabled, the court may order child support payments to continue beyond the child’s 18th birthday.

Generally speaking, the expenses of a child’s education are addressed in the divorce process along with the other child support issues.

While several states require some divorced parents to pay for their children’s college expenses, Pennsylvania does not require college expense payments or reimbursement for those payments from a parent.

Should You Negotiate College Costs With the Other Parent?

Nevertheless, to keep a dispute over child support payments from emerging in the future, you may choose to negotiate college tuition costs during the divorce process. Take into account scholarship opportunities and other tuition payment options, and adhere to your lawyer’s advice.

A modification of the child support order may be requested at any time, and is sometimes necessary, but you will save time and money by negotiating with the other parent and reaching agreements, if possible, during the divorce process. Here are several possible options:

  1.  In some cases, a parent who served in the military may transfer GI Bill benefits to a child or spouse. If that parent is the noncustodial parent, he or she may negotiate, for example, that the transfer covers a child’s college expenses or decreases child support payments.
  2.  If one parent is employed by a college or university, these institutions often reduce tuition for employees’ families, but a negotiated agreement with the other parent must consider what happens if the parent leaves the job or a child doesn’t wish to attend that institution.
  3.  When parents negotiate a child support agreement, they should also determine what effect a scholarship award to the child may have on the amount each parent has agreed to pay.

When May a Child Support Agreement Be Changed?

The courts understand that life’s circumstances change. When you divorce, it is impossible to know the future. Over time, parenting plans and child custody orders can become outdated or unworkable.

However, if you need to change a negotiated child support agreement or a court-ordered child support arrangement, you will need to have a Pennsylvania child support attorney request a modification of the agreement or order on your behalf.

Pennsylvania courts will approve only those modifications that are considered to be in the child’s best interests. Child support modifications may be sought for reasons that include but are not limited to:

  1.  a change in the amount of time either parent spends with the child
  2.  a change in the child’s medical, educational, or child care needs
  3.  a remarriage by either parent or the birth of a new child to either parent
  4.  either parent’s loss of a job, a parent’s new job, or a parent’s need to relocate
  5.  the serious injury, incarceration, or institutionalization of either parent
  6.  anything that greatly impacts the child, either parent, or the child support arrangement

What Else Should Parents Know?

As mentioned previously, Pennsylvania does not require college expense payments or reimbursement for those payments from a parent. Nevertheless, it is a smart idea to reach an agreement in the divorce settlement regarding a child’s college expenses.

If you are a parent who is divorcing, considering a divorce, or anticipating a divorce, if you need a modification of your child support order, or if you need to challenge the other parent’s requested modification of the child support order, you must be advised and represented by a Pennsylvania family law attorney, and you must contact that attorney as soon as possible.

Divorce and family law are complicated in the State of Pennsylvania. You can’t go it alone. Get the help you need – as quickly as you can – from a family law attorney you can trust.

The right family law attorney will help you obtain a fair and proper child support arrangement while ensuring that your rights – and your child’s best interests – are protected throughout the legal process.

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How Are Divorce Papers Served?

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You may read stories about people trying to avoid being served with legal papers. This rarely happens, and in most divorces, this critical step is handled without drama by spouses who understand their marriage is ending. 

A divorce is a legal action. A necessary step in the process is serving the non-filing party (the defendant) with the complaint. Most divorces are not surprises, and agreements are often worked out before a divorce complaint (which is filed with the court stating the party seeks a divorce, why, and the basic facts of the case) is finalized. Usually, service, though necessary, is a formality. 

What is Being Served? 

That complaint is completed and filed with the court. A copy is provided (or served) to the defendant. The court will not want to proceed without proof the other spouse has a copy of the complaint. 

In Pennsylvania, your spouse must be “personally served” with the complaint (though that does not necessarily mean they are handed the complaint), a notice that the party can defend their rights, a counseling notice, and any other documents filed with the complaint at the courthouse. This must be accomplished within 30 days of the complaint’s filing (90 days if they live out of state). 

How Can My Spouse Be Served? 

Service can be accomplished by: 

  • An unrelated individual older than 18 hands the documents to your spouse and fills out an affidavit describing how that happened. There are companies whose employees provide this help (people referred to as process servers) as well as the local sheriff’s department. 
  • Certified mail with restricted delivery is a cheaper route and an option when the two of you cooperate to end your marriage. With this kind of delivery, there would be an acceptance of service form for your spouse to sign. 
  • The defendant’s attorney accepts service on their client’s behalf. If your spouse is not represented, they may consent to our office mailing them the complaint, and then they fill out the acknowledgment of service form. 

The defendant has 90 days after service of the complaint to file an answer in response. The service process is similar in New Jersey, but the defendant has 35 days to file an answer. 

Why Should I Not Do This Myself? 

There are many benefits to hiring an attorney to represent you in a divorce. The process can involve several steps involving various filings with different requirements and deadlines, depending on your case’s complexity and how much the two of you work together to finalize the divorce. 

A significant benefit of retaining our services is we deal with all these details, including service, not you. You do not have to worry about whether your spouse will try to run and hide from the process server or if the service will be on time. You will not have to spend time recruiting your neighbor’s unemployed son to serve the papers. 

Divorce is stressful enough. Why add to it by trying to do it on your own? Making sure all the requirements of the divorce process are followed is a crucial part of what we do. This allows you to spend your time and energy on more important things like your well-being, job, and kids.  

Contact Karen Ann Ulmer, PC, today because we are here to help. If you are considering getting divorced and have questions, or you have decided it is right for you and you need legal representation, call us today.

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Divorce and Life Insurance

Divorce will cause many changes in your life, but one thing never changes – no one lives forever. Life insurance is an essential financial tool to help those you leave behind. Whether you are married or not, life insurance is critical if you have minor children. 

Many potential life insurance issues may arise during a divorce. We can help you navigate them so you and your children can avoid legal and financial problems later on. 

Your Policy May Be a Marital Asset Subject to Equitable Division 

Whole and universal life policies have a cash value, so they are part of your net worth. It must be listed as a marital asset to be divided, and it may be cashed out and divided between you and your spouse. A term life policy does not have a present cash value, so it is not a marital asset and is not subject to division. But it can still come into play because, as part of the divorce order, you may need to maintain life insurance coverage to benefit your children. 

Changing the Beneficiary After Your Divorce 

Married couples typically name each other as life insurance beneficiaries to cushion the financial blow when one dies. Pennsylvania estate law automatically nullifies the ex-spouse’s beneficiary pre-divorce designation in a private life insurance policy.  

Your ex could still be the beneficiary if your settlement agreement or divorce order clearly provides they are to continue. If you and your ex are on good enough terms and you feel your ex is capable, part of an agreement can be that they will care for your minor children after your death.  

If that is the case, you could create a trust funded by your policy’s proceeds with your ex as the trustee and your children as the beneficiaries. If your ex is the policy’s beneficiary and you pass away without a trust, they could spend the money on themselves if they wish. 

You May Be Legally Obligated to Carry Life Insurance 

You may need to maintain life insurance if you will pay child and/or spousal support (or alimony) either as part of the agreement with your spouse or due to the divorce order. If you pass away unexpectedly, the benefits will replace the support you would have paid during your lifetime. 

Not everything goes as planned. A spouse required to have life insurance may stop paying premiums without you or the court being aware of the problem. This can be addressed by:  

  • Providing the insurance carrier with a copy of the divorce decree with instructions that the beneficiary is to be notified if the policy changes or if the premiums go unpaid 
  • Having the beneficiary own the policy and make payments 
  • Adding the premium amount to the child and/or spousal support with the beneficiary using this money to pay the premium 

Planning on unforeseen, potential problems like missed premiums and addressing them before they happen can be the ounce of prevention that is worth a pound of cure. 

If You Have Children and Are Getting Divorced, Life Insurance Makes Sense 

Whether your ex is a responsible parent or not, whether life insurance is part of the divorce decree or not, if you have young children, you should consider purchasing life insurance as part of estate planning. You may have created an estate plan with your spouse. If so, it needs to change. If not, you should make one for yourself. 

If your ex will be the single parent to your kids with your unexpected passing, fund a trust for them through insurance proceeds with your ex as the trustee. If the other parent is out of the picture or otherwise incapable, through your will you can nominate someone as your kids’ guardian (although a judge has the final say). That person could also be the trustee, and insurance proceeds would help fund your children’s expenses as they grow up. 

If you are thinking about getting divorced and all the financial issues (like life insurance) that come with it, contact us at Karen Ann Ulmer, P.C., so we can answer your questions and discuss how we can help you.  

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Student Loan Debt and Your Divorce

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When it comes to dividing things during a divorce, you may think about assets like investments or real estate, but you may also need to split your debts. Depending on what they are and how much, avoiding getting stuck with your spouse’s student loans may be a bigger financial win than obtaining an investment account or car. 

Americans have about $1.5 trillion in student debt, according to NBC News, so it should not be a surprise that one or both of you have these loans. Payments may be in the hundreds or thousands of dollars each month. Unless you qualify for a program to make your payments or forgive your loans, not even bankruptcy can wash away your liability. 

Usually, the spouse taking the asset takes on the loan paying for it. If you get the car, and it is not paid off yet, you are responsible for the car loan. But education is not a tangible asset. It is a service. You paid for someone to educate you. Part of the plan was probably that your education was an investment that would lead to a higher income than if you went without.  

Depending on your finances, debts, and professional and personal lives, these divorce issues could be very complicated. The more money at issue, the greater your need for an attorney’s help because there is more at stake and more to lose. 

Is the Student Debt Subject to Equitable Distribution? 

The first step is determining if the student loan is a marital or a non-marital debt. If it was incurred during the marriage, it is a marital debt. If the debt arose before the marriage or after your separation, it is a non-marital debt and not subject to equitable distribution (to split fairly amongst the parties depending on the facts of the situation). 

Marital debts are generally subject to equitable distribution. That could mean both parties are equally liable, only one is responsible for the debt, or what they must pay is somewhere in between. 

Issues a Judge May Consider 

Student loans are personal to the spouse receiving the education. The student loan’s benefit is usually obtained by the spouse getting the education. But a student loan could cover living expenses for both spouses. If the other spouse benefitted from the education because of a higher household income, they might be partially responsible for paying it back.  

If the debt is greater than any income increase or the spouses were economically independent of each other, requiring the other spouse to help pay the debt would be unfair. If a spouse is attending college full-time or enough to impact how much the two earn, often the other spouse will have more, if not all, of the burden of earning an income. That may mean shelving their plans for additional education or starting a business, impacting them financially. It would not be equitable for that person to bear these burdens, plus make student loan payments. 

What Is on the Paperwork? 

Whose name is on the loan? If you and your spouse took out the loan together so one of you could attend grad school, both of you are on the hook. If your name is not on the paperwork and you did not co-sign the debt, it is easier to say it is not yours. 

If you co-signed a loan, things get complicated. When you co-sign, you are only responsible if your ex defaults or stops paying for the loan. You would like to think that would only happen if payment is, as a practical matter, impossible. But it can also occur if the debtor stops paying and spends their money elsewhere. The creditor may decide it is easier to get payments from you than pursue your ex. 

You also may have consolidated student loan debt by using a home equity line of credit (HELOC). If your name is on the debt, it is half yours. If the amount is substantial and primarily for your spouse’s education, you may be responsible for paying it.  

The Big Picture 

Like all disputes arising in a divorce, the issue will be litigated if the parties cannot agree, making a resolution far more costly and time-consuming. Couples need to inventory their assets and debts, determine which are personal and which are marital, and come up with a way marital assets and debts can be fairly spread among them. Both sides will probably get a mix of debts and assets. Student loans are just one piece of the puzzle. At Karen Ann Ulmer, P.C., we know how to protect our clients from unfairly taking on debts. Contact us today to see how we can help you.

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When Should I Get a Restraining Order in Bucks County?

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Do you feel that your life or safety is threatened by a loved one, family member, or someone who is close to you?   

If so, a restraining order or a Protection From Abuse (PFA) Order requires an abuser, or potential abuser, to stay away from you and leave you alone. If an order is in place and violated, the person can be arrested. It is not a perfect solution to domestic violence, but victims are in a better position when one is in force. 

What is a PFA? 

A PFA is a court order giving protective “relief” to victims (and their children) for up to three years if the order is made final. You can file for a PFA order from the court for yourself and/or your children, but the forms are complicated, so you should seek legal help. The order could make it illegal for the alleged abuser to contact, abuse, or harass you and your children. The abuser could also be ordered to return your personal property.  

Who Must be Involved to Qualify for a PFA? 

The incidents must involve: 

  • Family or household members 
  • Sexual or intimate partners  
  • Parents of the same child or children 

They can be: 

  • Married or divorced  
  • Domestic partners who never married 
  • Current or former sexual or intimate partners 
  • Same-sex partners 
  • Parents, children, or siblings 

If your situation does not involve these individuals, other orders may help: 

  • Adults and minors could ask a court for a Sexual Violence Protection Order if a stranger, acquaintance, or co-worker committed a sexual assault.  
  • A Protection From Intimidation Order can help minors if they are stalked or harassed by a non-relative like a neighbor, coach, or someone known by the family who is 18 or older. 

In addition to these orders, if a crime happened, the police can be called to the scene, and the abuser may be arrested. If the incident is in the past, a police report can be filed, which may also lead to an arrest. 

What Situations May Lead to a PFA? 

If you are going through these circumstances or have recently, you should consider getting a PFA: 

  • The person caused or is trying to cause you physical injury. 
  • You are in fear of imminent serious bodily injury. 
  • You are the victim of sexual assault or rape. 
  • The person is stalking you. This is engaging in conduct or repeatedly communicating to another in circumstances showing an intent to put the person in reasonable fear of physical harm or cause substantial emotional distress.  
  • Your child suffered physical or sexual abuse. 
  • The person is interfering with your freedom of movement. 

Please call our office if you have any questions or doubts about whether your situation is severe enough to qualify for a PFA. 

How to File for a PFA in Bucks County 

The Bucks County Court of Common Pleas Domestic Relations Division in Doylestown is the right place to file a completed PFA form if the county is where: 

  • You work or live (It must be where you live if you are asking the court to order the abuser to leave your home.) 
  • The abuser works or lives so they can be served court filings 
  • The abuse took place 

If it is an emergency and the court is closed, there are time-limited orders that a District Justice can grant. 

You will get a hearing date in Doylestown. The judge may have additional questions and may grant your request for a temporary court order. The abuser is served with the order, and another hearing will be scheduled with both parties to determine whether it should be made final with a term of up to three years.  

Often the parties will negotiate terms of an agreement which the judge may make part of the final order. If there is no agreement, both parties will give their side of the story, and other testimony and evidence may be submitted. The judge would decide whether to extend the PFA and, if so, under what conditions and length. Attorneys can represent both parties. 

What if the Abuser Violates the PFA? 

You should contact the police. If enough evidence shows the order was violated, officers can arrest the person who would be charged with indirect criminal contempt. If those charges go to trial, you may need to testify. 

Like most arrests, the abuser will probably be released from custody after being processed. If you feel you may still be in danger, you should contact a domestic violence advocate to discuss what you can do to protect your safety. 

Is My PFA Order Valid in Another State?  

Your order is valid across the state and in every other state, and on tribal lands. If you travel or move, you should have a copy of the order certified by the court (it has the court’s seal) and others with you in case it becomes an issue. 

If you think you will need a PFA, or you want legal representation because you have been served with one or have a PFA hearing, contact Karen Ann Ulmer, P.C., Attorneys at Law. We can help protect your rights and safety and those of your children. 

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Should You Get Full Custody of Your Child?

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Denying custody is generally viewed as a drastic step but, depending on the circumstances, possibly a justified one. Often these situations involve a parent who cannot care for and make decisions for a child. They might be incapable of caring for themselves due to a severe physical or psychological illness, substance abuse, or involvement in criminal activity. There is a legal presumption that a child should have both parents in their life, but that can be overcome with evidence if it is not in the child’s best interests. 

What is Custody? 

There are different types of child custody. The status of each can be determined by the parents’ agreement (subject to a judge’s approval) or court order: 

  • Legal: This is the ability to make crucial decisions for a child (legal, educational, health, and other issues impacting their fundamental well-being). Legal custody is either shared or one parent has it. It is not split based on the subject to be decided, such as one parent deciding on issues related to education while the other is in charge of healthcare. 
  • Physical: The right to have your child live with or spend time with you. This could include sole, primary (the child lives primarily with you), shared, or partial custody. 

Visitation allows a parent to spend time with a child but not have legal or physical custody. Visiting can be supervised by a third party if a parent is especially troubled. It must be an extreme situation for a judge to deny child custody and visitation to a parent. A parent unable or unwilling to support a child may voluntarily give up these rights. 

How Does a Court Decide Who Should Get What Kind of Custody? 

When deciding child custody, a court determines what is in “the best interest of the child” and creates an order to accomplish that. There is a presumption both parents should share legal custody as long as both are considered competent caregivers. 

What Are Some Reasons a Parent Should Not Have Child Custody? 

This issue can arise during an initial custody dispute or after a custody order goes into effect. If conditions change after the order is in place and you fear for your child’s well-being, you can request the court modify the order, or if it is an emergency, you can file a petition for special relief. 

If you can show a risk of imminent harm to your child, issues that may persuade a judge to grant you sole physical and legal custody include: 

  • Substance abuse: Simply having this problem may not be enough to deprive a parent of custody rights. If this is an issue, both parents may face drug tests, and if one tests positive, they will probably be required to undergo periodic testing and treatment. 
  • Serious, untreated mental health problems: If the parent can show they are being treated and following their healthcare provider’s instructions, they may maintain custody. If they refuse to be seen for a possible psychological issue and or will not accept treatment, they risk losing custody.
  • Domestic violence: If a parent’s history of abuse is documented with medical or psychological records, police reports, criminal convictions, or child welfare reports, the parent may lose custody rights. These rights may be regained if they show they are in treatment and no longer engage in these episodes. 
  • Debilitating physical disabilities: If your spouse is severely disabled and that seriously affects them physically and mentally, they may be denied custody.

Like every legal issue, evidence is critical. No matter the problem, it must be documented with notes, witness testimony, photos, and videos. The more mature your child is, the more impact their testimony will have. You should keep evidence securely away from the other parent and your children, physically and or electronically. 

Records from law enforcement and healthcare professionals are also critical. Both sides may hire experts to give their opinions if the issue is physical or psychological. The same may be true of the alleged emotional or psychological impacts on your child.  

False Claims Could Backfire 

If you make allegations but lack evidence to support your claims, the other parent could accuse you of abusing your child by needlessly putting them through the dispute and abusing the court process. As a result, your ability to maintain custody could be challenged. 

The lawyers at Karen Ann Ulmer, P.C., can protect you and your children if the other parent is unfit to be in their lives or you are facing baseless claims that you should not have custody. Contact us today to see how we can help. 

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