If the worst happens and you die without a will in place you are considered to have died "intestate." When you have a will in place then your estate, which includes your property, possessions, and other personal items, will be distributed according to the will. This is, of course, contingent on your debts being paid off as well as your funeral and burial costs. A will can be challenged in some cases and be made invalid by others, but for the most part, the instructions left in a will are followed.
When there is no will in place, your property must still be distributed. Here are the rules for which this distribution works:
As you can see, the rules for distributing an estate if the deceased does not have a will can be very complicated. It can also lead to fighting between family members and destroyed relationships.
While it may seem that death is far off and preparing for it is not a pressing matter, anything can happen at any time. Being reasonably prepared for the worst is always a smart idea, and creating a will is one of the most responsible things you can do to protect your family and legacy.
The team at The Knee Law Firm, Ltd. can help you establish a legally binding will that can speak for you if the worst were to happen.
If you are going through a divorce, then you need to work hard to keep your cool. It is a turbulent time. You can feel anger, be afraid of the future, and even be grieving the loss of your relationship. You have to separate the emotional from the logistics and take them on as two separate issues so that you can get through the proceedings and come out the other side with a reasonable arrangement in place. Here are some tips on what you should do if you are going through a divorce.
Set Reasonable Expectations
You need to think rationally when you are dividing assets. You are not going to get everything that you want in a divorce, and if you are the primary breadwinner, then you will most likely be expected to pay child/spousal support, even if you think it is unfair. If you receive child/spousal support, you may be surprised at how little it is to what you thought. Be prepared for things to go differently than you may have initially imagined.
Learn to Let Go
There are often a lot of things that you will need to divide up when you get a divorce. One thing to keep in mind is that you need to be able to let go of things that are not important to you. Squabbling over every single little thing will just drag things out and cause hurt feelings. Focus on the big things such as custody and any property like cars or homes.
Never try to hide assets from your spouse, lawyer, or the courts. Never move money from joint accounts to a personal one once you separate. If you do these things, you can be sanctioned or held in contempt.
Stop Adding Money to Joint Accounts
Once you have separated, it is a good idea to no longer use the joint accounts that you have. Open up your personal account and start putting your paycheques there. You will need to report this money when proceedings begin, but it is not the same as hiding assets.
Try to Settle
You don't have to have a “big day” in court to get a divorce. In fact, it is a better option to try to settle out of court. Your lawyer will be able to negotiate for you, and it can be especially good if you have children so they won’t have to be apart of a courtroom or have not been married very long.
Don't Be Spiteful
Never ruin property, throw away important things, or act in a spiteful way towards your ex-spouse. This can come back to bite you and will most likely make them want to take you to court and refuse to settle outside of court. Furthermore, it is the right thing to do.
The most important thing that you can do when you are in the midst of a divorce is to be forthcoming and rational. Take care of yourself. Try to keep up with your social life, your job, and taking care of your children if you have any. Your life does not end with your divorce, and you need to remember that as you go through the proceedings. If you need a divorce lawyer, then the team at Beyer Knee Law Services are here for you. If you need legal assistance for any family law proceeding, then contact us today, we are here to help.