Frequently Asked Questions
Most people will need legal counsel at some point in their lives. It’s no secret that law services can be out of some people’s budgets— and the need for an attorney is oftentimes an unexpected cost. Many wish they could simply ask an attorney for free advice.
On that note, I’ve found that many have! Here, I’ve compiled some of my frequently asked questions and answers.
At a minimum, you should at least consult with an attorney and find out how complex a case you should anticipate. If you agree regarding your children and have little or no property and the debt division is not disputed, you may be able to do the forms online. Try to keep the property with the same person as the debt. However, if you want to do anything that does not fit clearly within the forms provided, you should consult an attorney. Sometimes you can do the forms yourself and just pay an attorney an hourly rate to review them with you and make sure you do not leave any holes in your case.
If your estate is more complex, like second marriage, children from two marriages, spendthrifts, special needs, etc., it is imperative that you see an experienced estate attorney or you may be leaving a nightmare for your heirs and your estate will be used to pay attorney’s fees in litigation.
Regardless of the complexity of your estate, you will also want to know about various other issues, like powers of attorney giving someone else the power to act in your stead, as well as important issues surrounding what you want done if you are in a situation where you cannot communicate or are no longer competent.
Should I set up an LLC or Corporation? How about a partnership? Who is contributing what and how is that tracked? Can anyone sell her interest to someone else anytime she wants, or should the other partners get first shot at buying out that interest, so they are not working with a stranger? The questions are endless and you are much better off getting those issues solved at the start, than waiting until things are unraveling. A business lawyer can help greatly to see things start out right.