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Newark Family And Estate Law Blog

California parents like you have a lot to handle if you decide a divorce is necessary. How do you tell your kid? How much should you tell them? Are there any pieces of information that may do more harm than good? How much information is too much? 

You need to consider these factors before you approach your child. It is important to go in with a plan on what you will do. This can help you limit damage. 

What kind of talk would your child respond well to?

According to Psychology Today, there are ways to approach divorce with your kids. Some work better than others. First, you need to take your child’s age and maturity level into consideration. How you approach the subject of divorce should depend heavily on that. You want to consider their personality too. Some kids work best with direct information. Others need it presented in a specific way to make it easier to digest. 

When you are deciding how much to tell your kid, understand that certain things should not get shared. This includes the exact reason for your divorce. This is especially true if the reasons are personal. It is also true if they involve concepts beyond your child’s understanding. 

Deciding how much to discuss

Outside of that, talks depend on how much information you think your child can tolerate. In some cases, knowing less is better for their mental health. In others, knowing more may help. Regardless of their age, you should at least inform them of how their life will change. This includes letting them know the custody schedule and who will move out of the house. Also, you need to ensure they know they are not at fault for the divorce. 

Planning for your end of life circumstances may be tough at times if you are unsure what documents you need to prepare.

Health care directives are important for those with medical problems, and even people without them.

First steps

Speaking with medical and law professionals is one of the first steps in this drafting this legal document. According to the Department of Justice in the state of California, this decision includes answering tough questions. Many people must decide if they prefer to be at home while dying, whether they want special medical treatments or not, and if hospice is right for them.

Key decisions

Filling out an advance care directive form requires you to choose who you trust to fulfill your wishes. Most people name a spouse, friend, or other relative. In the state of California, you can record all these directions in one document.

Talking with a physician can help you choose what to include. If you do not want a certain medical test or procedure done while in a coma or any other various unresponsive state, it is important to include it in written form. Whether or not you want to donate your organs after death is another common question that you should prepare to answer.

Importance

Writing your wishes down keeps you in charge. Rather than loved ones having to guess or argue over what choices to make, doctors can simply look at your planned directions. Giving a copy of this plan to your family and any medical professionals after completion helps them know what you want done after you pass away.

Marital relationships can experience lots of problems. Infidelity is a major issue, one that not many people are willing to tolerate. A wandering spouse can destroy your confidence, put your health and well-being at risk, and tear asunder your relationship to the point that it may not be able to be repaired.

While it is definitely true that the signs of cheating can vary from person to person, an unfaithful spouse tends to do certain things in the midst of an affair. Being able to identify these signs ensures you can take the proper steps to protect yourself from further mistreatment.

Late nights at work or work trips

On its own, working late or a lot does not point to an affair. It could indicate an issue if your spouse does not normally work long hours or has a job that does not usually involve over time. During these late nights, your spouse may be inaccessible when you call or text. They may also fail to offer any details about what they are doing when they eventually arrive.

Increased secrecy around computers and mobile devices

A desire for privacy is not an inherently bad thing. However, a sudden desire for privacy that seemingly occurs out of nowhere is troubling, especially when accompanied by other signs of infidelity. Maybe your spouse shuts down windows when you approach. Or maybe you notice their devices are password protected when they never were before. You may also notice that texts messages or browser history is deleted on a regular basis.

Mutual friends try to avoid you or behave uncomfortable around you

While it is a depressing thought, friends and relatives often learn of an affair before the spouse actually does. This can lead to strange behavior, such as avoiding your calls or appearing uncomfortable when in your presence. This could be because they do not want to let some information slip when speaking with you. They may also feel guilty about not telling you about what is going on.

When a person dies without a will or any form of estate plan in California, a host of important outcomes await decisions. Unfortunately, for the deceased’s family members, the legal responsibility of making said decisions rests with the courts.

People who wish to prevent familial discord and desire to provide support and comfort to their surviving family members may find a solution in designating an executor. Individuals who assume this responsibility may function as a liaison in implementing an estate plan and overseeing its success.

Finding the right person

The responsibility of executing an estate is not a job for just anyone. People must thoughtfully consider their options to select someone they fully trust, as well as someone who is in an objective position. Kiplinger suggests that people consider an executor that is fairly young and financially stable. They should also demonstrate emotional awareness, patience and have generally good mental health. Other important characteristics include the ability to make logical and realistic decisions and a clear understanding of an executor’s tasks.

Considering the role of executor

Equally as important as selecting the right executor is the process whereby candidates decide whether or not to assume the responsibility. For such a serious task, people must respectfully request permission from the person they wish to name as an executor. According to AAG, people asked to execute an estate plan must carefully consider their decision to accept by looking at three important aspects. These include the following:

  • Their temperament and relationship to the person and his or her family members.
  • The amount of time they have available to conduct important responsibilities.
  • Their skillset and the availability of resources to aid in overseeing an estate.

People who spend adequate time analyzing how their decision will impact their life may make a better choice in the long-run. When an executor is confident and comfortable with his or her responsibilities, their effort will provide a successful outcome.