Margaret Gettle Washburn, P.C.Margaret Gettle Washburn, P.C.2024-01-03T14:45:16Zhttps://www.washburnlawoffices.com/feed/atom/WordPress/wp-content/uploads/sites/1203342/2020/02/cropped-MGW_FAVICON_512x512_FEB20-32x32.jpgOn Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=488832024-01-03T14:45:16Z2024-01-03T14:45:16ZCorrecting all relevant paperwork
Most people name their spouses among their beneficiaries in estate planning documents. In many cases, a spouse is the primary beneficiary of someone's estate, meaning that they might inherit the vast majority of their property if they die. Therefore, updating an estate plan to remove a spouse as a beneficiary is necessary during the divorce process.
Spouses may also hold key roles in an estate plan. They could be the trustee designated to take over managing someone's property or the agent named in power of attorney paperwork. Most of the time, people do not want a former spouse to have control over their financial or medical matters after a divorce.
People even include their spouses in documents not drafted by their lawyers. Spouses may be the recipients named in transfer-on-death designations for financial accounts. They could also be the chosen beneficiaries of life insurance policies. Testators typically need to update not just their wills and other estate planning documents but also any paperwork that they filed with insurance companies and financial institutions. In scenarios where divorced parents have minor children, revising an estate plan may even require the creation of a trust so that someone's spouse can't squander the resources they want their children to inherit.
Taking the time to update a Georgia estate plan after a divorce can help someone control their legacy and obtain better protection in the event of an emergency.]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=488822023-09-22T19:46:32Z2023-09-22T19:45:44Zto get through a divorce and arrive at a healthy emotional place, you must care for yourself.
It is important to look at divorce as a journey rather than a destination because the process can often feel like a rollercoaster, and with that, your emotions will be affected. Still, with the right guidance and proper care, you can get through this time and make this a journey that includes your own healing.
During and after divorce, individuals should ensure they focus on:
Their emotional healing
Their physical health and well-being
Establishing emotional and physical boundaries
Engaging in relaxation and centering techniques
Connecting with supportive networks
Pursuing hobbies and interests
Prioritizing self-reflection
Seeking professional help or support groups
Practicing self-compassion
Embracing new beginnings
Each one of these is critical to healing after a divorce.
Even though divorce is more common than ever, it is a significant shock to the mind and the body. No matter the circumstances, you will need to heal from the divorce, even if you were the one who wanted it.
Expect the unexpected
The life changes that come with divorce can shock the brain and body when you least expect it. Some people feel fine for a while, and weeks or even months after the divorce is final, it finally hits them that this is their new reality, and they feel the weight of the wound.
For this reason, no matter the circumstances surrounding the divorce, every person going through it should prioritize self-care as much as possible.
Relax, reflect and begin to plan
While it is not always possible to take time off and spend days relaxing on a beach, it is possible to make time, even if they are small chunks of time, to reflect, write, breathe and use this time to decide what you want your future to look like.
After all, even though this is one of the most challenging times a person can go through, it is also an opportunity to begin again.]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=488812023-07-07T20:57:11Z2023-07-07T20:57:11ZPhysical custody
While it is rare to deny any fit parent joint legal custody, some parents are granted sole physical custody. Under these circumstances, a child’s other fit parent may be granted parenting time but may not be empowered to make binding decisions concerning their everyday well-being.
Legal custody
Parents don't just provide for the physical needs of their children. They also have to help plan for the best future possible. Legal custody or the right to make major decisions on behalf of children. Legal custody is what allows them to enroll a child in school, make choices about their medical care and instruct them in religious matters.
It is common for judges to expect parents to share both physical custody and legal custody of their children. Parents typically need to agree on major matters related to their children and work out a schedule where both of them spend liberal amounts of time with their children.
Only in scenarios where parents sharing that authority and time with the children would endanger them will a judge grant sole legal and physical custody to one parent or the other. Most adults can anticipate sharing time and responsibility for their children with a co-parent once a judge has reviewed a contentious custody matter and crafted a custody order for the family in question.]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=488722023-04-06T14:07:45Z2023-04-06T14:07:45ZCouples often divide their savings
A retirement account may technically be in the name of one spouse, but that does not mean that they can claim the account as separate property in the divorce. A significant portion of the balance accrued in the account will likely be from during the marriage. Any contributions made during the marriage will represent marital income unless there is a pre-existing agreement between the spouses stating otherwise.
At least the portion contributed during the marriage will likely be subject to division. Thankfully, if these spouses do divide the account or a judge orders them to, they can potentially use a qualified domestic relations order (QDRO) to avoid penalties and fees when splitting one retirement account into two separate accounts.
Spouses can divide the value rather than the account
Often, spouses can negotiate a property division arrangement that doesn't require the division of every asset separately. Spouses can also put plans in place for the division of a pension that may not be in an account that they can divide in the divorce.
There is no specific rule that determines who receives retirement accounts when couples divorce. Retirement accounts are often at least partially marital property and will therefore be in play during the property division process, but the exact way people divide those savings will depend on their agreements or the decision of a family law judge.
Identifying and addressing the most valuable assets someone shares with a spouse can help them to construct a solid financial foundation when strategizing with a legal professional in preparation for divorce negotiations or litigation.]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=488052023-02-06T23:54:33Z2022-12-29T20:54:20Zthorough estate plan that includes multiple different documents can do much more to protect you and the people you love if anything were to happen to you.
Adding the two documents below to your estate plan could be a smart decision, especially as you grow older and have an increased risk of a medical emergency.
Powers of attorney
If you get into a car crash and end up in a coma, you might miss multiple months of mortgage payments and end up losing your home before you ever regain consciousness. You have the option of designating someone as your agent in powers of attorney.
You could draft a document for financial matters and also power of attorney for medical issues. Anyone who is not married but over the age of 18 could benefit from powers of attorney in case they have a medical emergency.
An advanced medical directive
There are standards of care within the medical profession that determine what treatment people receive. Those with strong religious beliefs, serious medical issues or certain obligations may have strong medical wishes that actually deviate from the current standard or best practices in the medical industry.
If you want to receive care in an emergency that properly aligns with your personal values, then you need to put together an advance medical directive. People used to refer to these documents as living wills, and they contain clear instructions about what kind of medical care you want to receive.
From preferences on anatomical gifts to your thoughts on pain management, you can leave very clear instructions so that people act in your best interests rather than simply following what is currently the most common standard of treatment.]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=488032023-02-06T23:54:21Z2022-11-18T01:13:25Zthat Georgia state law will do a good enough job of protecting their loved ones when they die or that they don't have enough resources or dependent family members to make the creation of a plan worthwhile.
What are some of the most compelling reasons to create a formal estate plan?
To manage your own finances and health care
Issues with mental health, cognitive decline caused by age or traumatic injuries could all leave you incapacitated and unable to take care of yourself. Although people who know you or professionals providing your care can seek a guardianship over you, you will have no say in what those individuals do regarding your medical treatment or your financial situation.
If you plan ahead and advance directives and powers of attorney, you can stay in control over your property and your healthcare choices regardless of what happened in the future.
To protect your children
Your kids can be in a very vulnerable physician if anything happens to you while they are still minors. Estate planning helps ensure that they have resources to pay for their basic cost of living expenses. You can also name a guardian in your will to take over their care if something happens to you. In fact, you can even create a trust so that someone other than the guardian is the one managing your children's inheritance.
To take the stress off of those closest to you
In a medical emergency or after your death, your spouse or children may have to make very difficult choices. From anatomical gifts to how to distribute your property, there are many issues that can be difficult for the people who love you to handle without your guidance. Your estate planning documents can provide information about your preferences while you are still alive and also after your death.
A good estate plan can help you qualify for Medicaid, reduce your risk of estate taxes and help clarify inheritance rights to the people in your family. Taking the time to draft a thorough estate plan can be one of the smartest moves you ever make.]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=483732022-11-14T08:12:11Z2021-11-12T21:29:39ZYou know that the driver who crashed into you had their phone in their hands at the time of the wreck. You might have even seen the phone as they swerved into your lane or blew through a red light without stopping.
Clearly, Georgia law makes driving while using a phone illegal, but many people do it anyway. How can you hold that other driver accountable for causing a distraction-related crash?
Insist on reporting the issue to the police
Sometimes, drivers who know they are at fault for a crash will try to convince the other party to not involve the police or insurance companies. Agreeing to let them cover your costs directly may seem like a great idea, but you will be in a difficult position if they fail to follow through on that promise later. Make sure that you contact the police to report the crash and alert them to your suspicions about distracted driving.
The police can often find proof of phone use
It only takes a few taps of the finger to erase a recently sent message or completely uninstall an app. Drivers might even try hiding their phone and claiming they didn't have it at the time of the wreck. While drivers can lie, their cell phone companies will not. If the police have reason to request phone records, the details provided by the phone company could conclusively prove that someone used their phone prior to a crash. The police may also be able to access traffic cameras or even security cameras for nearby businesses that do a driver texting instead of holding the wheel. Once there is proof of distraction, you will be able to make a claim against their insurance policy or even file a civil lawsuit. Taking the right steps after a motor vehicle crash can help protect your right to compensation.]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=483702022-11-14T08:12:17Z2021-10-29T17:26:32ZFor most people, the gut reaction when going through a divorce is to leave the home they share with their estranged spouse as soon as possible. After all, it is only human to want to keep away from someone you no longer love. While there may be justifiable reasons for this, it is important that you weigh the ramifications of your actions before moving out.
There are situations when leaving the home before the divorce is finalized can prove detrimental. As such, there are a number of factors that you need to take into account before you pack and walk out of the marital home.
How can moving out hurt your divorce case?
Moving out before the divorce is finalized sounds like a no-brainer, right? Well, not so fast. On the contrary, moving out of the family home can hurt your divorce in multiple ways. Here are some of them:
1.) It can impact you financially
Moving out before the divorce is finalized can impact your finances and the property division process. Setting up a new home can be very costly. There is furniture to acquire, rent and the kitchenware to pay for as well. Then there is the fact that you no longer have someone with whom you can share the bills. Add to these a potential child and spousal support and chances are you will be overwhelmed financially.
2.) It can damage your custody case
Moving out can hurt your child custody case. Moving out automatically means that you will not be spending as much time with your children. Not only will this hurt you’re your relationship with the kids but also damage your custody claim. (However, if you have to move out, be sure to have a parenting plan in place. This will guarantee your time with the kids and demonstrate to the court that you have a genuine interest in being in your kids’ lives.)Should you pack and leave the shared home during the divorce? This question comes up quite often. It is important that weigh the pros and cons of moving out before taking action. ]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=483582022-11-14T08:12:22Z2021-10-14T14:00:07ZDriving is one of the most dangerous things we do, but few people consciously practice or try to improve. If you are in a crash with an older, more experienced driver, they may argue that they could not have caused the crash because they have been driving without incident for years. If you are a young or inexperienced driver, it might seem daunting to argue against that.
Driving more does not necessarily make you a better driver. Once you pass your test, it is easy to forget the techniques you learned and implement poor driving habits. The more you repeat those poor techniques, the more ingrained they become. To get better, you need to practice the correct techniques.
How can you improve your driving?
Here are a few examples of things that you can get better at with proper practice:
Scanning your mirrors: Your vehicle has three mirrors, and you should use all of them for the best chance of seeing what is going on around you.
Emergency braking: Understanding how long it takes your car to stop teaches you to leave more time to brake. Practicing in a safe environment also prepares you for how your vehicle will react. For instance, finding out that your car pulls to the side when you slam the brakes permits you to allow for that and indicates you might need to check your wheels and tires.
Avoiding ice: With winter coming, black ice is a risk. Knowing what to do if you hit a patch of it will reduce the chances of a crash. Understanding you need to steer into a skid and avoid slamming the brakes is a start, but there is nothing like the experience of the real thing.
If a driver crashes into you, probably, they are not driving well. Finding out what they did wrong will be essential to claiming the compensation you need for your injuries.]]>On Behalf of Margaret Gettle Washburn, P.C.https://www.washburnlawoffices.com/?p=483552022-11-14T08:12:27Z2021-10-04T19:57:20Zabout 5,000 Americans die in truck accidents annually.
Naturally, if the truck's driver causes the crash, he or she may be financially responsible for your personal injury or wrongful death claim. Because truckers often have limited assets, however, you may also want to take legal action against the trucking company.
The element of causation
To succeed with any negligence claim, you must prove the following four elements:
Duty
Breach
Causation
Damages
Just like truck drivers, trucking companies have a duty to keep the public safe from injuries. They may breach this duty when a serious accident occurs. If you have catastrophic injuries or someone you love dies in the crash, you undoubtedly have considerable damages. This leaves you with the causation element to address.
The trucking company's fault
Because the driver is behind the wheel at the time of the crash, the trucking company may seem not to have played a role in it. This is probably not true, however.
In fact, trucking companies often provide driver training. They also maintain their fleets and establish driving protocols drivers must follow. Put simply, if the trucking company fails to act reasonably, it may be partly or even mostly to blame for the crash.
The medical bills and other expenses you must pay after a truck accident are likely to be exceedingly high. Ultimately, if you can prove the trucking company has legal responsibility for the accident and your injuries, you may be eligible for a substantial financial settlement.]]>