Skinner & Associated, LLC

Prenuptial Agreements: What You Need to Know

A prenuptial agreement (or prenup) is an arrangement that can determine what will happen to yours and your spouse’s income, debt, and assets in the event of divorce, separation or death. A prenuptial agreement is entered into before marriage and although the idea of drafting one may be uncomfortable, it is not decidedly a bad thing. Here are some things to consider about prenups:

What Are the Benefits?
Creating a prenup may actually enhance your relationship. Discussing money issues and establishing a protocol for deciding future matters can be a benefit in the long run. Getting your marriage underway with open communication and a level of trust can keep your relationship strong for many years. You also protect yourself, children, and business from potentially expensive, disruptive and drawn-out proceedings in the unfortunate case of death or divorce.

Who Needs a Prenup?
It is often thought that only the wealthy can benefit from a prenup but there are a variety of reasons a couple may initiate a prenuptial agreement. You might need a prenup if:

One spouse is much wealthier than the other.
Either spouse owns real estate and wants to keep it separate.
One individual has more debt than the other.
Either spouse has children from another relationship.
One or both own a business or are part of a family business.
One person stands to inherit something in the future.

How Does it Work?
Prenups work like any contract. You and your future spouse discuss the issues you want to include in your prenup. You will need full financial disclosure during this process, and once you come to an agreement, it’s made into a formal legal document and both parties sign it.

How Do I Get One?
Both you and your spouse should consult with a lawyer prior to signing any premarital agreement. You have to follow some strict legal rules if you want your prenup to be valid. To know exactly what your agreement needs to say it’s best to check with a lawyer.

If you have questions about a prenuptial agreement, contact the trusted lawyers at Skinner & Associates. Call 614-664-0200 for a consultation, or visit our website for more information on how we may be able to help you.

The information at the Skinner & Associates, LLC website is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you. Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

References:

http://www.skinnerattorneys.com/

https://family.findlaw.com/marriage/prenuptial-agreements.html

https://www.nolo.com/legal-encyclopedia/prenuptial-agreement-benefits-drawbacks-29909.html

4 Things to Know About Estate Planning

Believe it or not, we all have an estate, and it’s comprised of everything you own from your car and home to bank and investment accounts in your name, and even your furniture. Here are a few things to keep in mind when creating your estate.

Wills

In its most simple form, a Will is a way for a deceased person to dictate where their assets will go after they pass away. You can distribute your assets any way you choose, weather that be to family members and friends or charities that are meaningful to you. You will also appoint an executor—the person who will be in charge of distributing the assets.

Trusts

A Trust is very similar to a Will in that you can decide what will happen to your estate when you pass away; however, a trust also applies if you become unable to manage your assets while you’re still alive. A Trust will also be used if you want your estate to be given away gradually, as opposed to given in full at one time.

Financial and Medical Powers of Attorney

A Power of Attorney is a document that grants certain Powers to an agent to execute specific tasks on your behalf. There are two types of Powers of Attorney: financial—which allows the agent to make financial decisions on your behalf. There is also medical—which allows the agent to make medical decisions on your behalf.

Living Wills

A Living Will is a document stating whether or not you want to be kept alive on life support should you become terminally ill or fall into a vegetative state. It can also address other important questions about your preferences on tube feeding, artificial hydration, or pain medication.

If you want to begin the estate planning process, but aren’t quite sure where to start, Skinner & Associates can help. Let us take the stress out of estate planning. Give us a call today at 614-664-0200, or visit our website to learn more.

References

https://www.investopedia.com/terms/e/estateplanning.asp

http://www.estateplanning.com/What-is-Estate-Planning/

https://www.fidelity.com/growing-managing-wealth/estate-planning/trusts

https://www.aarp.org/caregiving/financial-legal/info-2017/wills-trusts.html

https://www.totallegal.com/financial-and-medical-power-of-attorney.aspx

https://www.legalzoom.com/knowledge/living-will/topic/what-is-a-living-will

The Importance of a Shared Parenting Plan

Parents want to do what is best for their children, especially during difficult times, such as a divorce. Shared parenting plans can be vital to the well-being of a child in a divorce situation, and therefore complicated. They cover a variety of issues including parental rights, financial responsibilities, and a parenting time schedule. Skinner & Associates works with parents to create a shared parenting plan that is best for the child and for the parent.

Protecting Parental Rights

A shared parenting plan protects parents’ rights regarding a host of issues. This includes the right to attend and participate in decisions regarding medical care, education, and your children’s general welfare.

Assigning Parental Responsibility

Each parent’s roles, responsibilities, and limitations need to be clearly defined in the shared parenting plan. These include topics such as child support, tax exemptions, and schedules, as well as the requirement to encourage a positive relationship with siblings and the other parent.

Decisions to Think About

You and your attorney will need to determine a detailed schedule for each parent including weekdays, weekends, holidays, and vacation times. Who will carry medical insurance and how will expenses for medical bills and extracurricular activities be divided? Who will pay child support and transport your children to school or to parental visits? Though sometimes these decisions do not come easily, Skinner & Associates will guide you through these decisions.

What if Parents Don’t Agree?

Skinner & Associates can offer guidance and work with the other parent or their attorney when disagreements arise. Your attorney can also help put a process for mediation in place, when needed. Our goal is to help you come to an agreement for the shared parenting plan.

What if the Shared Parenting Plan is Violated?

When one parent violates the shared parenting plan by taking a child, not following schedules, or other grievances, you should contact your attorney immediately. Your attorney can advise you on your best plan of action to get a modification or other remedy through the court system.

If you have questions about shared parenting plans, need to modify your existing plan, or if your shared parenting plan has been violated, contact the trusted lawyers at Skinner & Associates. Call 614-664-0200 for a consultation, or visit our website for more information on how we may be able to help you.

Shared Parenting Plan

References:

http://www.skinnerattorneys.com/

https://www.avvo.com/legal-guides/ugc/what-is-a-shared-parenting-plan-1

What You Need to Know About Stepparent Adoption

If you’ve chosen to expand your role as a stepparent and want to legally adopt your stepchild, there are a few steps you’ll need to follow before it becomes finalized.

Obtain Consent: each birth parent needs to consent to the adoption in order to move forward. In certain specific situations, you may not need consent. Contact Skinner & Associates, LLC today to discuss whether these exceptions apply to your case.
Hire us!: during this entire process, you’ll want an attorney who is well versed in this specific type of law. This will make the entire process easier on you and your family.
Obtain all required legal forms: when the time comes, you’ll need to obtain all pertinent legal forms, which is something Skinner & Associates, LLC can assist you with.
Submit all required paperwork: after you’ve worked with your attorney to correctly fill out all required paperwork, your attorney will submit it to the correct Probate Court in the proper county to get it processed.
Wait to hear about your court date: after you’ve submitted all your paperwork, a case worker will conduct a home visit. The court will set a hearing, usually a few months out. Your hearing will be held by a judge or magistrate. Your attorney will prepare you for this hearing. At the end of the hearing, the judge will give their ruling. If they approve the adoption at this hearing, the adoption will be finalized and an adoption certificate will be issued.

If you want to adopt your stepchild and need the help of experienced attorneys, contact Skinner & Associates today at 614-664-0200 to schedule a phone consultation. We practice in many areas of family law, and are here to help you through the process. You can also visit our website at www.skinnerattorneys.com to learn more about our areas of practice.

References

https://family.findlaw.com/adoption/stepparent-adoption-faq-s.html

https://www.parents.com/parenting/adoption/facts/stepparent-adoption/

Violation of Divorce Decree: The Consequences & What You Should Do

Divorce is a highly emotional and stressful process and can be made more difficult by a former spouse who refuses to play by the rules – and by rules, we mean the divorce decree. Divorce decrees are agreements settled upon by both parties and may cover a number of issues, from child custody matters to the division of marital property. Sounds simple enough, but when one party decides to no longer comply, it can leave the other party frustrated and unsure of how to handle it. A few violations of a divorce decree are as follows:

The liable party stops making spousal support (alimony) or child support payments
One party refuses to allow the other party to see children or keeps children longer than specified in the custody agreement
Retains more proceeds from the sale of shared property or refuses to surrender any items listed in the divorce decree

If your former spouse hasn’t been following the agreement in your case, there are steps to take to file an action and have your spouse ordered to follow the agreement. First, you must try and document every violation committed by your former spouse. This means keeping any and all copies of late or short support payments, bounced checks, or any other evidence that suggests your ex-spouse hasn’t been keeping up their end of the bargain when it comes to alimony, child support payments, or other terms of the agreement. The results of being found in violation of a divorce decree can be harsh. Civil judgments can include:

Divorce Decree

Orders to pay all past-due spousal support and child support with interest and penalties
Orders to pay the complaining spouse’s court costs
Garnishment of wages
Reallocation of parental rights, parenting time or visitation
Forfeiture of property

In some cases, there can even be jail time if the spouse who is not making support payments is found to have adequate financial resources, or if they refuse to abide by visitation agreements. The length of the sentence is left to the judge’s discretion.

Divorce issues, especially when they deal with child custody, are fraught with emotion and exhaustion. This is a very difficult time and in many cases, a lot is on the line. You need the help of a lawyer who is experienced in family law. Skinner & Associates represents individuals in a number of areas of family law. If you have questions or concerns regarding your rights or obligations, we will work aggressively on your behalf. Skinner & Associates will give you the personal attention that you deserve. Contact us today for a no obligation consultation by calling 614-664-0200, emailing [email protected], or visit our website for more information about Skinner & Associates Attorneys at Law.

Divorce

What You Need to Know About Administrative Law

According to the Legal Information Institute, administrative law is a “Branch of law governing the creation and operation of administrative agencies.” In other words, it’s a body of law that will carry out laws and regulations passed by Congress and the state legislature.

Congress passes many laws on complicated issues and administrative agencies help fill in the gaps and make additional rules to help Congress achieve its goals. Agencies usually work within a specific issue or area of law. A great example of this is the Social Security Administration or SSA. The SSA was created to implement Congress’s social security and disability laws, and will receive all the applications sent in by individuals applying for disability benefits, determines who will be eligible for those benefits, and will pass rules and regulations to ensure those who are deserving of those benefits are the ones receiving them. When talking about the administrative law, there are some key terms to know:

Administrative law judge: A judge who only hears cases related to a specific agency’s regulations, such as a Social Security benefits appeal
Agency: A regulatory body established by Congress or a state Legislature, usually given the power to write, monitor and enforce specific regulations
Hearing: An administrative procedure similar to a trial, where an administrative law judge or review board hears evidence and arguments, then makes a ruling on an administrative issue
Administrative Procedure Act (APA): A federal law that governs how administrative agencies can propose and enact regulations
Code of Federal Regulations (CFR): An annual publication containing all of the rules and regulations passed by administrative agencies each year
Federal Register: A daily publication containing notices of proposed rules that agencies intend to pass, as well as the final versions of rules and regulations expected to be enacted

Rules and regulations passed by administrative agencies are not the same as laws that are passed by Congress, however, if you do not abide by the rules an administrative agency has put into effect, you can be penalized for your actions. Certain agencies, such as the Social Security Administration can make decisions that can severely affect your benefits and even your livelihood.

When you need an administrative lawyer, you can count on the attorneys at Skinner & Associates. Give us a call today at 614-664-0200, or visit our website to learn more about how our highly trained staff can help you.

Administrative Law

References

https://hirealawyer.findlaw.com/choosing-the-right-lawyer/administrative-law.html

https://www.law.cornell.edu/wex/administrative_law

Home is where your Story Begins…

How our attorneys can help you with your real estate matters

As much as some of us love watching reality shows about houses, sometimes, their version of reality TV isn’t exactly reality. At best, it’s an abbreviated version of the truth, showing some crucial steps when it comes to buying, selling, or up keeping a home, but leaving out many others. At worst, shows centered around the real estate process can spread extreme falsities on the realities of the real estate market.

In the real world, buying and selling your home is full of complexities, and if you’re inexperienced with the housing market, you could become overwhelmed. One area that prospective home buyers find especially complex is the legalities behind their upcoming home purchase. Although real estate law is something reality TV shows largely eliminate from their entertainment, it is a fundamental practice that protects your rights and interests.

Real estate law covers potential legal issues including problems with home sales, purchases, leases, and other transfers of real estate and property. Real estate law also resolves issues such as landlord-tenant issues, property development, zoning, financing, and mortgages and foreclosures.

Having a qualified real estate attorney during your home search is just as crucial as hiring your real estate agent. A real estate lawyer can review complex paperwork for you and represent you at closings to ensure physical, environmental, and other details are fully explained to your satisfaction.

There is no denying that the shows that conquer the reality TV lineup are entertaining and provide inspiration for both home buyers and home sellers alike. But no matter how many episodes you may watch, it is often still difficult to get a comprehensive overview of real estate best practices, particularly in the area of real estate law. That’s where an experienced team like Skinner and Associates comes along; we’ll use our skills and experience to guide you through the complex legalities behind your home purchase.

If you or someone you know needs help in the Real Estate law area, contact Skinner & Associates Attorneys at Law by calling 614-664-0200, emailing [email protected] or visiting our website for more information on our services.

Real Estate

Steps to take if you’re Being Sued, or Suing Someone

If you’re being sued, or suing someone, it can become a very stressful situation. Luckily, with a little guidance, you can decide what the right plan of action is depending on your personal position. The attorneys at Skinner & Associates can assist you both if you’re being sued or if you need to sue someone else.

Being sued

If You’re Being Sued

The first thing you need to do upon hearing that you’re being sued is to immediately contact an attorney so that you do not miss any deadlines. An attorney with experience in the area of law in which your lawsuit involves will be able to give you the best advice on how to proceed. He or she can tell you how to respond to the claims, what your defenses may be, and how to prepare your case for trial. In most cases, your attorney will serve as your agent in court, and will take the responsibility of filing legal forms, talking to the judge, presenting your arguments and generally minimizing the impact of the lawsuit on your life. Attorneys at Skinner & Associates can also help you attempt to settle your case before trial.

If You’re Suing

Whether you’ve been in an accident or have a financial dispute, you may have a claim against someone else. Before suing, the attorneys at Skinner & Associates will discuss the merits of your claim and possible outcomes. Sometimes, alternative dispute resolution such as mediation could assist you in settling your claim without a trial. At times, settling a case without a trial could save you the cost of taking depositions and hiring experts.

If you’re looking to sue, or are currently being sued and need the opinion and guidance of a lawyer, contact Skinner & Associates today. We can guide you through the entire process, and help you along every step of the way. Call or email us today at 614-664-0200 or [email protected]. Please visit our website to learn more about the services we offer.

If you're suing