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Newark Family And Estate Law Blog

One of the most frightening things for children whose parents are going through a divorce is where they are going to live. It might be challenging for them to accept that their parents are going to have different homes, and they may have trouble adjusting to the new home. Finding ways to help them can reduce their stress about the situation.

Your children will need a space in both homes. This helps them to feel like they belong there, which makes it easier for them to transition. Even if they can’t have their own room, they should have a set area, such as a dresser or even a drawer to keep their belongings.

Having to pack a bag each time they switch homes might be challenging for them. Instead of making them do this, you can have duplicate items at both homes. They may still have favorite outfits, toys or lovies to bring with them, but things like toiletries and even school uniforms can be present at both homes so they don’t have to be brought back and forth.

All children need to have consistency to thrive. You can make them to adjust to changeovers by keeping certain aspects of the routine the same. For example, you and your ex might decide on a universal bedtime, so the children always go to bed at the same time on school nights.

Making sure that you have a parenting plan that is based on the child’s needs and mutual respect can also help. This provides the basics for what is going to happen with the kids and during transition times.

Estate planning can be difficult, especially if you’re new to the United States and don’t speak the language. That’s why it’s important to find an attorney who speaks your language and understands English, too, so that you can fully understand the laws that impact your estate plans and the decisions that you’re making.

If you’re a child who speaks English but have a parent who does not, it’s a good idea to come with them when they see their attorney. You’ll want to talk to your aging parent about estate planning and their advance care plans ahead of time, so that you can prepare to have a discussion and support their choices.

Making a will is essential, but not all Americans do it

You probably know that a will is important, but did you realize that only around 42% of Americans have one? Not setting up a will or planning for care in advance is bad news though, because it can cause extreme financial and emotional strain on those around an aging adult. If they pass away, it’s their families that have to pick up the pieces and cope with their death as well as handling their estate.

Why talk about advanced care plans and estate planning early?

If your parent is getting older and hasn’t yet created an estate plan, now is the time to bring it up. Starting the process now helps reduce the risk of disputes after your parent’s death and reduces the overall strain on the family if they pass away or can no longer take care of themselves.

Additionally, advanced planning helps your loved one state their wishes and make them known to those who will care for them in old age or work with the estate after they pass away.

Though it may be difficult, it’s important to talk to your parents about their end-of-life wishes and to discuss what they’d like to see happen with their end-of-life care, funeral and assets. They are alive now, so it’s worth discussing what they’d like to see happen and to make sure those wishes are carried out by developing a strong will and estate plan.

Since your parent does not speak English fluently, it’s smart to work with an attorney who is fully bilingual and who can help them understand the gravity of the situation. That way, you can all have an open, honest conversation with the right education.

A parent’s top priority is taking care of their children. When they go through a divorce, every aspect of their life has to be geared toward doing what’s best for the kids. This isn’t always simple to do; however, taking it one step at a time might make it easier.

During the divorce process, you need to focus on making sure that the terms of the child custody order fit their needs. If you and your ex can work together, you can determine the terms together. This might set up a good precedent for the parenting relationship.

You also need to think about your child’s future when you are in this position. One way that you can do this is to set up your estate plan to benefit them. When you were married, you probably had everything set for your spouse to benefit since they would be caring for the kids, but you might have some different plans now.

This doesn’t mean that you have to cut your ex out completely. If they will have the children if you pass away, you can still set provisions to make it easier for them to provide a stable life for your kids. This can happen through payable on death designations on your bank, investment, retirement and life insurance accounts. It might also mean setting up trusts for the children.

This isn’t a pleasant thing to think about, but you need to ensure that you are doing what you can for your children. The end of a marriage is an ideal time to review your estate plan or create one since you have a current list of assets and other documentation that might make the process easier.