3 Things to Think about When Selecting Your Child’s Guardian

The birth of a child is what will often cause people to start thinking about creating a will. That is because it is the best way to decide who will become the guardian of your child if you and your spouse were to suddenly pass away. Selecting a guardian is a big decision to make, and not something you should take lightly. Here are 3 things to think about to make the decision easier.

Philosophies and Values

A parent’s philosophies and values play a big role in decisions they make. Your child’s guardian should share many of your personal beliefs and values, which will ensure that those philosophies will still be a part the child’s life.

Consider religious beliefs, social values, educational values, moral values, and even their philosophy on child-rearing.

Practical Matters

Think about how your child will be raised in their guardian’s lifestyle. For example, the age of a guardian can play a big part in your child’s life. Your parents may share a lot of your philosophies and values, but will have difficulties with how active a child can be on a daily basis. Younger guardians may not be mature enough to handle a child, even if they have the same beliefs as you.

Be sure to consider both partners when selecting guardians. One person may be an ideal fit for your child, but their spouse has different philosophies that will impact the child’s life. You must consider how each guardian will parent as an individual, not only as a couple.

It’s important that your child’s guardians also live close to other family members. Even if they are a good fit for your child, it can be disrupting to your child if they have to move to a different state where they will no longer be close to other relatives or friends.

You should also consider children that a potential guardian already has. Does your child get along well with their child? Are they close in age so they can relate to each other? What sort of influence will their child have on yours? These are all questions you should be asking yourself before making a decision.

Personality

Even if all of the previous factors match up, you should select a guardian that has a good personality. Someone that is affectionate.loving and patient when caring for children will be a great role model.

Once you decide on your child’s guardian or guardians, you should meet with a lawyer like Terry Napora Law Office about adding them to your will. You want to ensure that there is no confusion about who your child’s guardian would be if you were to pass away.

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3 Pieces Of Bad Criminal Defence Advice And The Truths Behind Them

If you’re facing criminal charges, you may have heard lots of well-intentioned advice from friends and family. While their hearts are surely in the right places, there is a lot of bad legal advice floating around that can do you more harm than good if you were to follow it. Below are three such common pieces of advice that you’re better off not listening to.

Bad Advice #1: “Hiring a Lawyer Makes You Appear Guilty”

In a perfect world, innocent people wouldn’t be wrongfully jailed for crimes they didn’t commit. Alas, that’s not the world you live in and because of this, you have the right to legal counsel.

An attorney is not a get-out-of-jail-free card. Instead, they’re an advocate, fighting for your rights before, during, and after your trial. Hiring a lawyer doesn’t make you appear guilty – instead, it sends the message that you’re not to be messed with and are taking your defence seriously. Having an attorney doesn’t guarantee your freedom, but it does significantly increase your odds for a fair trial than if you were to represent yourself.

Bad Advice #2: “A Lawyer is a Lawyer – They’re All the Same”

Lawyers are a diverse group of professionals who may not always have the particular experience or advice you need. It’s unfortunate, but finding the right lawyer for you can take time and money.

All lawyers aren’t the same. Instead, each lawyer brings something different to the defence table. The past experiences of each lawyer will reflect in their work and is something that needs to be carefully considered. To find a lawyer who’s right for you and your situation, the best thing you can do is set up a consultation. A consultation gives you the opportunity to ask the questions you need and see what it would be like working one-on-one with them as a professional.

Bad Advice #3: “Refusing to Testify in Court Shows Your Guilt”

There are a number of reasons you and your lawyer may decide against you testifying for yourself in court. Not testifying at your own trial doesn’t mean you’re guilty and it won’t be perceived as such.

Testifying at your trial, otherwise known as appearing as a witness, opens you up to more risk than benefit in the majority of cases. Even if you didn’t commit the crime you’re being charged with, the prosecutor will be allowed to cross examine you and may attempt to destroy your character. It is the prosecution’s job to prove your guilt – taking the stand at your own trial may be of benefit to the prosecution, but very rarely will you, the defendant, benefit in anyway.

Criminal defence cases can be difficult to navigate on your own. While your loved ones are well meaning with their advice, it’s best to leave the legal advice to the professionals. 

For more information on criminal defense lawyers, contact a practice like Sicotte & Henry.

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Ready To Close On Your New Home? Watch Out For Suspicious Lines In The Contract

Buying a new home is exciting, but it’s also overwhelming. While you might be ready to sign the purchase contract and be done with the whole process, it’s important to look out for legal snags that could turn your dream of home-ownership into a nightmare:

Closing Dates Marked Urgent

The closing date is the day you and the seller both agree to finalize the sale of the home. Closing dates are usually 1-2 months after the agreement is signed, but they may be further away depending on your and the buyer’s needs. If your closing date is very close, like a month from signing the agreement, you need to be sure you can complete all planned inspections in that time. 

While sellers do often have to move a house quickly, some sellers will put urgent language around the closing date in order to make it harder for you to postpone closing once you’ve signed the contract. If planned inspections turn up hidden problems with the home that have to be addressed, you may not have enough time to perform repairs or renegotiate the contract before the sale is finalized.

To avoid running out of time, ask the seller to remove urgent phrases like “as soon as possible” or “time is of the essence.” 

A Title With Other Claimants

In order for your purchase of the home to be legitimate, the seller must have complete ownership of the home’s title. Unpaid mortgages, liens, and other forms of debt against the value of the home mean that you won’t be able to keep the home if the creditor decides to repossess it.

In some cases, new home owners have found out that they have to pay the old owner’s mortgage or risk having their home foreclosed. Of course, costs can be recouped through legal action against the seller, but that’s a hassle you don’t want to take on if you don’t have to.

You don’t have to distrust every seller with debts against his or her home, though; you just need to sort out how the debts will be paid before you take ownership of the home. For example, if the bank allows it, you might take on the old mortgage payments and pay the owner the value of his or her equity in the home. In other cases, you might make a large deposit on the home so that the homeowner can clear up minor debts against it.

These are just two possible issues with your purchase contract that might complicate the process of buying your home. It’s a good idea to have your contract’s clauses thoroughly explained to you by a real estate lawyer before signing it, even if you really like the home and the seller. It pays to be careful, especially when you’re dealing with hundreds of thousands of dollars.

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4 Reasons to Hire an Estate Planning Lawyer for Future Plans

If you’ve been putting off planning for the future because you’re too busy, now is the time to reconsider. It’s important to have an estate plan in place so that there are no surprises. You shouldn’t attempt to do your own planning. With help from a lawyer, you can feel more comfortable about the process. Take a look at the following information to better understand the reasons as to why you should hire an estate planning lawyer to prepare for the future. 

An Estate Planning Lawyer Knows Your State Laws

Never guess your way through the law, especially if you have absolutely no legal experience. An estate planning lawyer fully understands your state laws and how they relate to your individual planning needs. For example, your lawyer understands what documents need to be in place depending on your state’s requirements. If you have any questions about laws in your state, you can direct them to your lawyer.

An Estate Planning Lawyer is Worth the Investment

You shouldn’t skip out on planning due to finances. You may think that attempting your own planning will allow you to keep a lot of money in your pocket. This may not be the case if you make a costly mistake, because you will have to get a lawyer to fix it for you. If you’re concerned about money, speak with a lawyer about payment plan options or ask if you can do bits and pieces of your plan at once. This can cut down costs and make everything more manageable financially. 

An Estate Planning Lawyer Can Better Explain the Most Important Documents

When planning, there are some very important tools and documents that need to be in place. A lawyer will talk with you to better understand your goals and needs and then can explain these documents and tools so that you better understand your options. Your lawyer can also help you make important decisions about each document so that you’re able to make the best choices for your future.

An Estate Planning Lawyer Can Help You Communicate with Loved Ones

When planning, you may need to get trusted loved ones involved. For example, when choosing a guardian for your children, you will need to ask a loved one if they’re able to handle this type of responsibility. A lawyer can help you have these difficult and important talks with loved ones. 

As you can see, it pays to have an estate planning lawyer on your side when making estate plan choices. If you have any questions or if you’d like to start the planning process, contact a lawyer like Coley Hennessy Cassis Ewasko.

     

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Bit By A Dog In Canada: What You Need To Know About Personal Injury Laws

Were you recently injured by a dog in Canada? If so, you should know that the dog’s owner could be held legally liable for their dog’s actions and ultimately for your injuries. This fact allows you to collect compensation for your injuries by filing a personal injury lawsuit against the dog’s owner.

However, before filing your claim, there are a few facts that you should know:

Fact #1: The Dog’s Owner Must Have Acted In A Negligent Way

In order for a dog’s owner to be held legally liable for the actions of their pet, that owner must have acted in a negligent way. Furthermore, this negligence must have directly resulted in their dog’s ability to attack you.

For instance, if an owner fails to restrain their dog while outside despite the fact that they know the dog can escape, this action can be considered negligent and will therefore result in the owner being held liable for any actions their dog takes.

However, if the dog is restrained in the backyard and signs are clearly posted alerting individuals to the dog’s presence, the owner cannot be held liable if you choose to access their back yard anyway since you were aware of the danger and they had done everything in their power to minimize that danger.

Fact #2: Dog Bite Laws Only Apply To Unprovoked Attacks

Just like people, dogs have the right to defend themselves if they are being attacked. Consequently, dog bite laws will only apply in cases where the attack on a human is unprovoked.

While many people define the provocation of a dog to be a physical attack, the truth is, attacking a dog physically is just one of the ways in which a dog can be provoked. These domestic animals may also be provoked if you enter their personal living space despite warning or if you threaten physical harm towards their human companions. In these situations, you will not be able to seek compensation for your injuries since you will be at fault for causing them.

Fact #3: Dog Bite Cases Can Be Complex And Complicated

The process of determining liability and assigning damages in a dog bite case can be a very complex and time consuming process. Therefore, it is often recommended that you seek the services of a qualified injury lawyer when pursuing this type of case.

If you are a bit unsure about your need to hire a lawyer, taking advantage of the free consultation that these lawyers typically offer can be a great way to get the additional information you need to be truly confident in your final decision.

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Collaborative Divorce: The Third Divorce Settlement Option

Collaborative divorce can be best described as a method in which lawyers agree to assist two soon-to-be single individuals in resolving their conflicts using cooperative techniques. This diffuses any adversarial strategies that are commonly utilized in a divorce that undergoes the usual court route. All those involved in the divorce are committed to attaining an outcome that meets the needs of both parties.

Collaborative Divorce: A Method of Peace

The main purpose of a collaborative divorce is to maintain peace between spouses before and after the agreement. It also has many other pros, as well as cons, that deserve mentioning.

Top Pros of Opting for a Collaborative Divorce

  • Your children will not witness any hostility between you and your spouse. This is very beneficial when opting for a collaborative divorce.
  • When you opt for a collaborative divorce, you will spend less time at the courthouse waiting for your case to be called; therefore, you will not have to take as much time off work.
  • With a collaborative divorce, both parties share the costs of parenting experts, mental health care experts, financial experts, and just about any other expert that is needed in order to come to the best solution possible.
  • If both parties want to undergo a collaborative divorce, this means that both of them are on the same page, which means that attaining a beneficial outcome won’t take a long period.
  • You will not have to see your soon-to-be ex that much as it is when one is undergoing a divorce the common way.

Top Cons of Opting for a Collaborative Divorce

There are never foolproof methods of going through a divorce. As a collaborative divorce does have many benefits, there are a few cons to be aware of.

  • If there has been a domestic violence case present in your marriage, the judge may not accept the process of a collaborative divorce.
  • If your spouse cannot be trusted 100%, a collaborative divorce won’t be of any good, as both parties need to fully disclose debts and assets. For this reason, both parties need to communicate in an honest manner at all times. Failure to do so may delay the process.
  • If your soon-to-be ex cannot come to an agreement with you, you will have to divorce the common way. This means that you may have to pay more in legal fees.

For more information, contact Vic West Law or a similar firm.

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How To Plan Your Estate When You Have Children

When you have children, there is a lot to think about. You need to plan for their education, start a savings for their future, and protect them. One way to protect them is by planning your estate. It may seem like something you should do later in life, but it can actually help your children now by starting early.

Here are some ways to plan your estate when you have young children:

Draft a Will

One of the most important aspects of planning your estate when you have children is to draft a will. Your will includes information about who will become your children’s guardian and where your assets will go. Even if you don’t think you have many assets, you will still include information about who is to get money in your bank accounts and who retains ownership of your home.

Not to mention the important task of selecting a guardian to take care of your children. You can have your property go to your children instead of your spouse if you prefer. This is something that must be in your will, otherwise it will go to your spouse.

Write a Living Will

The living will is not the same as the regular will, since it is more for your medical directive and power of attorney. With a living will, you are naming someone who will have control over your finances if you are unable to. For example, if you get a serious injury that puts you in a coma, you will not be physically or mentally capable of making medical decisions.

If you have a living will that names a power of attorney, that person makes medical and financial decisions for you. If you want palliative care but don’t want extreme measures to be taken, that is something you would also include in your living will.

Get Life Insurance

Part of your estate planning is preparing your finances for the future. This includes purchasing a life insurance policy. Life insurance is beneficial regardless of your age. Many people make the mistake of waiting until later in life to get life insurance, but everyone needs a policy.

What would happen if you were in a fatal car accident driving home from work? Does your family have financial protection? Also consider that the younger you are when buying a life insurance policy, the lower your premium will be. You can select a beneficiary when purchasing your policy, which is the person that will have control over the benefits after you pass.

With these three main directives, you will be able to start planning your estate to protect your children. You may need the help of an estates lawyer to make sure you are doing everything you need to do.

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