Legal Questions: How Do I Prepare My Estate Plan?

An estate plan is a plan that is made in advance of naming whom you want to receive your belongings after you die. This document can help ease the stress on your family and also provide greater assurance that your assets will not go to someone you do not wish to have them. Because there are many ins and outs to constructing this type of document, you can hire a legal professional at the Lake of the Ozarks to help you solidify your estate plan and be sure that your assets are squared away properly. Here are a few things you will need to prepare your estate plan.

Financial Statements

Gather the financial statements from your investments and bank accounts to your meeting when planning your estate. These documents will help show where your financial assets are located. You can also start thinking about who you intend to take over ownership of these financial accounts in the time leading up to your meeting.

List of Assets & Liabilities

Similar to your financial statements, assets and liability information should be brought to the meeting as well. The list will be helpful when dividing up assets and liabilities to pass on to the person of your choosing.

Life Insurance Policies

Any life insurance information is helpful as you are planning your estate. Bring your policies along with you so that we can accurately assign someone to take ownership.

Who Your Intend to Leave the Estate With

As you decide who to leave your estate with, gather their updated address and other contact information. This can make the transfer of your assets much easier after you pass. The exact name and address of the individuals or institutions that you plan to name in your will are necessary.

Guardianship Information

If you have children who are under the age of 18, it is important to have specific individuals named to take over the guardianship of your children. You may also want to have an alternative guardian in mind as well. When children are involved, it’s best to have someone named as the guardian to avoid a child going into government care.

Inheritance Disbursement

If you will be naming beneficiaries who are minors or young adults, it is helpful to line out the distribution of the trust. This can help reduce the chance of a younger heir getting carried away with an excess of money or assets. You can set up your estate to pay out in smaller amounts over time, instead of a large lump sum, or you can put off the disbursement until your child is an age of your choosing.

Creating an Estate Plan at the Lake of the Ozarks

No matter what your age, station in life, or financial situation, having a will and estate plan is important. This document will help to show exactly who you intend to take over ownership of each of your assets. This can also be a nice gesture towards your friends and family to have this documentation in place before you have passed on. At Gibbons Law Firm, we can help you handle all of your needs for an estate plan. You can contact our law office at the Lake of the Ozarks to schedule your free consultation today!

Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Trial Process for an Adoption

The adoption process can feel rather tricky, especially if it’s your first time. From learning about the parental rights of the birth parents and the adoptive parents, how to work with other agents appointed by the state, and more. If you are looking for an adoption lawyer at the Lake of the Ozarks, Gibbons Law Firm would be honored to assist you with your upcoming adoption! Obviously the topic of adoption is very in-depth, case specific, and can happen in a number of different ways, however, there are a few things you can know about the official date of adoption that may help prepare you. We're also covering why an adoption lawyer can be so important to the process and the outcome.

Adoption Finalization in Missouri

The finalization usually occurs about six months after placement and will involve a court hearing where the judge overlooks the adoption paperwork and asks questions to determine whether the adoption is in the best interest of the child. Gibbons Law Firm can represent you as adoptive parents through the final step in your journey. From gathering paperwork, setting up the court hearing, and then being there to assist with the hearing. Here are a few things you can expect to see at the hearing:

• Your attorney will ask you, as the parents to introduce yourself, and will provide a brief testimony to verify that this adoption should take place.
• The attorney will ask the family to confirm for the judge that they intend to provide for the child. The judge may also ask the family some friendly questions, and invite photos to be taken.
• When the hearing is complete, the judge will sign the decree of adoption, as well as the other papers associated with the adoption. This could include an order approving payment of living expenses to the birth mother or terminating an alleged father’s parental rights.

When the adoption is finalized, there will be an issuance of a new birth certificate.

Why Do You Need an Adoption Lawyer?

And adoption lawyer is a huge asset if you are trying to gain legal guardianship of a child who is not biologically yours. We can help file any necessary paperwork and can represent you in a court if necessary.

How Do You Know If You Need a Lawyer?

If you have never gone through adoption, or have any questions about the process, you will want to make use of an adoption lawyer as you begin the process. We will be knowledgable on the state and country-specific adoption laws and can provide the guidance that you need specific to your situation. We can also prepare you for the hearings that may be required, the MO home study, and be there to support you through any legal complications.

Family Law at the Lake of the Ozarks

Family law deals with issues arising from marriage and other domestic relationships. The cases give rise to matters that include divorce, legal separation, division of assets and liabilities, spousal support, child custody, child support, and other matters. Yet other related aspects of family law include adoptions, annulments, guardianships, paternity cases, termination of parental rights, and prenuptial and postnuptial agreements.

Gibbons Law Firm assists clients with all types of family law cases. We are committed to providing legal counseling and advice that clients need in such disputes. Find out more about how we can assist you by contacting our Firm and making an appointment today.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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5 Legal Documents You Want In Your Home

If you have never spoken with a lawyer about the details needed for family law and estate planning, it may feel a bit overwhelming. In fact, a majority of households in the United States are missing some vital pieces of paper in their home because it seems like it would take too much time, cost too much money, or don’t know where to start. A study by caring.com showed that 57% of U.S. adults do not currently have estate planning documents. Another study by the same group showed that more than 50% of Americans have talked about estate planning, but fewer than half have done anything about it. However, more and more millennials are putting importance on creating a will or a living trust.

A will seems like the most popular types, but several other documents could be important to have in your home, depending on your place in life. Here are a few documents that may be important to have in your home.

Will

This is generally going to be at the top of the list, no matter your age, position, job, marital status, or how many kids you have. If you have real estate, other property, minor children, or assets, you will need a will. If you think this covers pretty much everyone, you are right.

Living Will or Healthcare Directive

A living will or healthcare directive allows you to dictate in advance what type of medical care you do (or do not) wish to receive if something happens to you. This is becoming an increasingly popular and important document for individuals.

Power of Attorney

This is a document that will give the person that you choose the authority to represent you. They can use this in legal, financial, or personal matters.

Babysitter Authorization

Do you leave your children somewhat regularly with a caretaker? Have a lawyer prepare an authorization form which you can give your caretaker. This provides them with the power to authorize emergency care for the child in the parent’s absence. HIPPA and medical malpractice suits have made hospitals reluctant to treat children in the absence of their parents.

Prenuptial Agreement

In Missouri, studies have shown that men marry by 28.3 and women marry by 26.9 on average. This means that the individuals have most likely accumulated assets before marriage. If so, you may want to consider having your Lake of the Ozarks lawyer prepare a prenup to help minimize acrimony in case of divorce. Other studies show there were 3.1 divorces for every 1,000 people in 2017 in Missouri.

Being Prepared

You can’t know what is going to happen over your lifetime, and while you can’t necessarily prepare for it, you can do your best. Having a family lawyer at the Lake of the Ozarks can help you prepare your estate, make plans for your family, and make it easier on those you love in hard moments. If you are ready to take the plunge and get your affairs in order, Gibbons Law Firm is here for you. We can help you draw up documents to keep in your home, and in other safe locations so that your desires are known in those unexpected situations.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Statistics About a Father's Rights

Divorce can make navigating relationships a bit challenging, especially when children are involved. The thing is, a huge number of fathers still want to continue to be actively involved in their children’s lives even after the split. Unfortunately, many fathers don’t understand the rights that they have where their children are concerned, and sometimes they can even be overlooked by the courts. Gender bias shouldn’t exist in the courts to favor mothers over fathers, but that’s not always the case. Here are a few statistics about a father's rights at the Lake of the Ozarks.

What Exactly ARE a Father's Rights?

Whether during the custody dispute or during the child’s upbringing, the father’s rights are not a surprise.

• Being able to spend time with his children
• Being involved in his children’s lives
• Having equal participation in parenting, including where they live, go to school, and church
• Having equal access to medical and school records
• Having equal say in medical decisions
• Having the ability to parent or discipline his children without interference from their mother

Of course, when a father wants equal rights to his children, he will also have to equally share in all of the responsibilities of raising them, including financial support. The challenge is that many mothers don’t seem to have to worry about losing their custody, as they are more likely to win full custody of the children. Fathers should have an equal right, but it can be hard to get this accomplished than it should be.

Father’s Rights Statistics

• In the spring of 2010, the U.S. Census Bureau reported that an estimated 13.7 million parents had custody over children whose other parent lived somewhere else. Of these custodial parents, only one in six were fathers, which is about 17.8%.
• Of the 17.8% of fathers who were custodial parents in 2010, 18.8% of them were living below the poverty level. And, while there was a higher percentage of custodial mothers living below poverty, mothers were also less likely to be employed than custodial fathers and more likely to receive public assistance.
• The U.S. Census Bureau reports that nearly half of the fathers without any visitation rights still financially support their children.
• In 2012, the U.S. Census Bureau reported that only 28.8% of custodial fathers received child support either through an agreement or award; while 53.4% of custodial mothers received support.
• According to data collected in 2014 by the U.S. Census Bureau, out of the 7,282 custodial parents who weren’t receiving child support, 1,128 of these were custodial mothers who said they didn’t want their child(ren) to have contact with their father.

Father’s Rights in Missouri

In Missouri, when determining who will be awarded custody and whether it will be sole or joint custody, the judge will consider these factors:

• The wishes of the parents and their proposed parenting plans
• The child's need to have a meaningful relationship with both parents, as well as the parents' willingness and abilities to facilitate that
• The interaction and interrelationship of the child with parents, siblings, and others who may impact the child's best interests
• Which parent is more likely to allow the child frequent and meaningful contact with the other parent
• The child's adjustment to school, home, and community
• Any history of abuse, as well as the mental and physical health of all parties
• The wishes of the child
• The intention of either parent to relocate

Need a Family Lawyer at the Lake of the Ozarks?

The legal aspects of family law can be highly complex and highly sensitive and emotional because of the personal nature of the disputes. An experienced and knowledgeable attorney—with the ability to listen and counsel clients, investigate and negotiate cases, to defuse conflict, and, when necessary, to litigate a case—is important to a successful outcome of a family law case.

Gibbons Law Firm assists clients with all types of family law cases. We are committed to providing legal counseling and advice that clients need in such disputes. Find out more about how we can assist you by contacting our Firm and making an appointment today.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Divorce vs Annulment: Understanding The Difference

Almost everyone dreams of a long, happy, fulfilling marriage. Fortunately, about half of all married couples get to experience this dream turning into a reality as the years pass. Unfortunately, the other half of all marriages in the United States end because the couples decide that the marriage is no longer working.

Marriage As A Legal Entity

A marriage is more than a relationship between two people. The personal connection of the people involved is the foundation (and most important part) of a marriage, but beyond that, marriage is a legal arrangement. It is a legal contract between two people who have agreed to share their lives together. As such, there are specific procedures that must be followed when a marriage is formed, and similarly specific procedures that must be followed when a marriage is ended. Today, our family law firm in Osage Beach MO is here to examine two ways that marriages may end: divorce and annulment.

Divorce

With nearly half of all marriages ending in divorce, this is by far the most common means by which marriages end. Divorce is the official, legal dissolution of a marriage. It acknowledges the relationship and the life that the couple shared, and aims to ensure that each spouse is provided for as they define their lives as separate individuals once again. The court will strive to divide all marital assets as equitably as possible. Depending on the financial situation of each spouse and the specific circumstances surrounding their marriage/divorce, the court may order a higher-earning spouse to provide financial support to the lower-earning spouse in the form of spousal maintenance (also called alimony).

If there are children involved, the court will divide custody in the manner it deems to be in the child's best interests. While each parent will understandably have strong feelings about the custody agreement, the court will focus almost exclusively on the children's needs. The goal is to form the custody order they believe will best provide for these needs.

Annulment

Like divorce, annulment is another way that a marriage may end. However, an annulment is a very different process from a divorce. Whereas a divorce acknowledges the dissolution of a marital union, an annulment erases a marriage so completely that legally, it is considered to never have even existed.

Because they completely wipe the slate clean, annulments are only allowed under very select circumstances. Specifically, the marriage must have been considered legally void due to some invalidating factor, such as coercion, incest, misrepresentation, concealment, or lack of consent. Only marriages formed under these certain invalid circumstances may qualify for an annulment.

Our Family Attorney Is Here To Help

If you are facing the possibility of dissolving your marriage, we hope you'll consider contacting our Lake of the Ozarks law firm for assistance. Our team will be here to help you prepare for the challenges of ending a marriage, and we would be happy to answer your questions on the legalities of divorce or annulments. For more information about our Missouri family law services, visit our website at www.RGibbonsLawFirm.com. You can also call us directly at 573-348-2211.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Under What Circumstances May Parental Rights Be Terminated?

As a parent, maintaining custody of your child is hopefully your top priority. However, in certain circumstances, a parent may have the option of voluntarily terminating his or her parental rights. This is most commonly seen in cases where parents, for various reasons, decide that they are not able to meet the responsibilities of raising a child and choose to give him/her up for adoption.

Involuntary Termination Of Parental Rights

In some cases, the decision to terminate parental rights is not one made by the parent. If the state believes the parents are putting the child at risk in any way, the court may step in and terminate one or both parents' rights.

This decision is rarely an easy one. Maintaining familial connections is important, and in most situations, everyone agrees that children are best off when kept in the care of their biological parents. If the parents have demonstrated repeatedly that they are unfit to care for their children, however, the state may terminate parental rights if they truly believe this option to be in the children's best interests.

Circumstances That May Warrant Termination Of Parental Rights

There are a variety of circumstances that may lead the state to terminate parental rights. Here is a look at some example situations, courtesy of our family attorney in Osage Beach MO.

Parental rights may be terminated if one or both parents...

• Inflicts abuse or torture on the child
• Sexually abuses the child
• Commits a violent crime against the child or another family member
• Fails to support or maintain contact with the child
• Physically abuses the child
• Abandons the child (or shows severe disinterest in being a parent)

Attempting To Reconnect The Child And Parent

Often, the court will try to reconnect the child and the parent if at all possible. For example, let's imagine that a child was placed in foster care while his alcoholic parent completed a rehabilitation program. In an ideal situation, the child would be reconnected to his parent upon completion of the program. Unfortunately, things may not always work out this way. Here are a few potential reasons why reunification may not be successful:

• The child would face some sort of risk(s) if he returned home.
• The parent is not ready to be reunited with the child after at least two years.

Contact Our Family Attorney For Assistance

Terminating parental rights is typically a lifelong decision. Because of how significantly it will impact the children involved, the state generally tries all other options before choosing to terminate parental rights. In some cases, however, it may be the only option that will protect a child's best interests.

Our Lake of the Ozarks family attorney has experience working with parental rights and understands the gravity of these situations. If you fear your parental rights may be at risk, or if you know a child who may be endangered while living at home, we urge you to contact our law firm in Osage Beach MO.

Time is of the essence - call 573-348-2211 to schedule your private consultation today.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Divorce, Legal Separation and Annulment – What’s the Difference?

Given that the word “Divorce” is frequently mentioned when discussing the official separation of spouses, it is the term we largely refer to. However, there are other ways for couples to achieve a legal farewell, be it for a term or indefinitely. Going through a matter of separation can be difficult and the divorce attorney at  Gibbons Law Firm is here to answer your questions and talk about your options. Here, we will review the differences between divorce and annulment as well as legal separation.

What is a divorce?

A divorce, also known as a dissolution of marriage, is a legal procedure through which a valid marriage is ended. Following a divorce, your marital status will be returned to single and you can marry again. During a divorce, other matters such as child custody, child support, alimony and division of property can be addressed by a judge.

What are grounds for divorce?

The grounds for filing for a divorce include, adultery, routine drug or alcohol abuse and desertion. All states allow for a “no fault” divorce in which couples can simply state “irreconcilable differences,” meaning incompatibility, as a reason for their separation.

What is an annulment?

An annulment, also known as a nullity of marriage, is a legal procedure for declaring that a marriage is null and void. A court has cited that your marriage is not legally valid and that the marriage is to be considered invalid from the beginning, as if the marriage never took place initially.

What are the grounds for annulment?

Again, these laws vary from state to state, but typically, an annulment will be granted if the marriage was established under misrepresentation, fraud or force, there was a concealment of facts (like, being already married or underage), or if the spouses are closely related. Annulments are rare and the time limit varies by state. If your hope is to be granted an annulment, you will have to go to a hearing with a judge. 

What is legal separation?

A legal separation is an arrangement following a court order, by which the couple are still married but live apart. A legal separation does not end a marriage and you cannot enter into a new marriage while you are legally separated but not divorced.

When is legal separation an option?

A legal separation is often an option for couples that do not want to peruse a divorce, but choose to live apart. If a divorce is being deliberated or arranged, couples may need time to make decisions on money, property, custody and/or parenting concerns prior to the divorce proceedings. You may be able to amend the legal separation at a later date. With a legal separation, judges may make orders on things like child support, custody arrangements and domestic situations as they would in a divorce case.

There are options to consider when contemplating a future without a current spouse or partner. A divorce, annulment or legal separation may be needed in your circumstances and Gibbons Law Firm at the Lake of theOzarks assists clients with all types of family law. We can aid you in your case and provide you with the needed advice as you hope for a successful outcome. Please contact us and make an appointment today. 

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Family Law Services At The Lake

Every legal discipline is subject to its own unique challenges, but family law cases are often some of the most difficult cases anyone can undertake. This is largely due to the fact that family law cases are severely emotional for all parties involved, which makes it hard to maintain a calm, level-headed, objective approach to the situation. If you are in need of a family attorney at the Lake of the Ozarks, Gibbons Law Firm will be here to represent you.

What Does Family Law Encompass?

Family law deals with any and all issues that may arise from marriage and other domestic relationships. Some of the most commonly known aspects of family law include:

• Divorce
• Legal Separation
• Division of Assets and Liabilities
• Spousal Support
• Child Custody
• Child Support

However, family law matters do not end there. Other related aspects of family law include:

• Adoptions
• Annulments
• Guardianships
• Paternity Cases
• Termination of Parental Rights
• Prenuptial Agreements
• Postnuptial Agreements

Understanding Family Law Cases

It is easy to see how these types of legal issues are not always as cut-and-dry as some other legal fields may be. An experienced and knowledgeable attorney - with the ability to listen to and counsel clients, defuse conflict, investigate and negotiate cases, and (when necessary) litigate a case) - is an important component to a successful outcome of a family law case.

If you are looking for an experienced family attorney in Camden County MO, Miller County, or Morgan County, we would love to talk to you.

Consider Gibbons Law Firm For Your Family Law Needs

Our law firm in Osage Beach MO has experience handling all types of family law cases, and we are committed to providing the legal counseling and advice that clients need in such disputes. If you are facing a family law case, we hope you'll consider our firm for the representation you need. Your initial consultation with Gibbons Law Firm is always free; call (573) 348-2211 to schedule yours today.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.