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Newark Family And Estate Law Blog

The will is the backbone of the estate plan for many people. For those who live in California, the will must meet specific requirements. Any will that doesn’t meet these will be considered invalid by the court. This means that the estate will be handled in accordance with the state’s intestate laws, so you won’t have any say in who gets what from your estate.

One of the basic points of creating a will is that you must be an adult who is of sound mind. In California, an adult is a person who is at least 18 years old. You must be able to understand the implications of the terms of the will and what the provisions mean for your beneficiaries.

This state doesn’t recognize oral wills, so anything you want in the will must be conveyed in a written document. Most wills now are typed and signed; however, it is still possible to write your will by hand. In order for this to be valid here, the material parts of the will and your signature must be in your own writing. The will also must show testamentary intent, which can be done through extrinsic evidence.

If you choose to have a typed will, you will need to have two witnesses. They must both be with you at the same time when you sign. Neither person should have any vested interest in the estate. Both should understand that this is your will and that it is what you want. They must know that you know what your choices mean.

Taking the time to get your will handled is a challenging proposition, but it is worth the time. You can enjoy the peace of mind in knowing you can care your loved ones when you are gone if you have your estate plan in order.

Trying to reset your life when you go through a divorce can be challenging, so you have to sit down and make a plan for your future. You shouldn’t think of a divorce as a negative event. Instead, look at it as a time to reinvent yourself and take charge of the direction you want to follow now.

One of the first things that you need to do is to set aside time to reflect on what’s going on. This can be as little as 10 minutes a day. Use this time to re-center and decide if you are still on the path toward success. This is your time to de-stress and find your happiness. You can even do this while you are walking or doing other physical activity as long as you can think.

Another thing that you will have to work on is letting go of the past. You’ll probably be surprised at how many times you find yourself on a roller coaster of emotions, especially during the first year after the divorce. Coming to terms with the divorce and realizing that you are capable of finding happiness on your own can be beneficial.

Try to find things that make you happy. This is a good time to take up a new hobby or new activities that enable you to be joyful. Just make sure that you think carefully about big decisions. The middle of a divorce might not be the best time to try to move away from your current home or make a big career change, so take your time with those massive decisions.

As you are working out the terms of the divorce, keep your goals in mind. You can try to align the terms with those goals to get you started on the best footing possible.

Moving from one home to another is a big transition for some people. When you have children, they will have to make this transition often as they move from one parent’s home to the other parent’s home. This can be difficult, especially when they aren’t quite sure about what is going on.

You will have to find ways that you can help them to transition as well as possible. Trying to make these times easier can help them to feel less stress and to adjust to the situation better. Some children might begin to settle into the adjustment period better as time goes on so be sure to encourage them to keep the right attitude as they learn how to live with this new way of life.

Belongings in each home

Instead of having your children bring their clothing and toiletries back and forth between homes, each parent should have these things for them. Some items, such as school bags or “lovies,” might need to be brought with the children, but they won’t feel settled if they have to continually pack bags. Being able to keep their things at their parents’ homes can help them to feel like they belong.

Transition days focused on the children

Transition days aren’t ones on which you should bring up contentious matters. Let these days be focused on the children so they can have as little stress as possible. Any issues that you have with your ex can be discussed in private when the children aren’t around.

Traditions help them thrive

You can set traditions for the child to look forward to on transition days. These don’t have to be expensive or flashy. You may order pizza for dinner on transition day and enjoy a movie with your child. Cooking a meal together or planning the meals for the time your child will spend with you might also be a good idea.

Relay the schedule in advance

Your children should know the schedule in advance of changeover days. You can do this with a calendar on their phone if they are older or with a paper calendar if they are younger. Try not to go too far in advance because this can confuse some children. Instead, focus on how many days the child has remaining with you before going to your ex’s house. Your ex can handle the countdown to the child coming back to your home.

Review your parenting plan periodically to ensure that it is still being followed. If there are issues that come up, this plan can give you an idea of how to address them. As the children mature, the plan might need to be modified accordingly.