The Importance of Estate Planning for Single Parents

Being a single parent is challenging, and estate planning is often pushed aside in the flurry of responsibilities like work, school, chores, and other activities. Most parents want what’s best for their children and part of that is making sure you have an estate plan in place to ensure your child is properly cared for in the event of your passing. An estate planning attorney can advise you on the best course of action to provide for your children and draft vital documents that protect their rights and interests.  Having an estate plan in place can also give you peace of mind, knowing that your children will be well taken care of after you’re gone.

Elements of Estate Planning

There are several crucial elements that should be included in any estate plan. If you’re a single parent who owns a business, it’s also a good idea to talk with an experienced business lawyer about creating a business succession plan as well.

Last Will and Testament. A will gives you the opportunity to name the executor of your estate and its beneficiaries. Most important, it allows you to name a legal guardian or guardians that you trust to take care of your children.  Without a will in place when you die, the court will most likely appoint a guardian and your estate will have to go through probate.

Revocable Living Trust. A living trust allows you to control your assets while you’re able, but if you become incapacitated or pass away, the named trustee will become the administrator of the assets in the trust. Trusts can also keep certain assets from going through probate, which can be a costly and time-consuming process.

Powers of Attorney.  As a single parent, it’s critical to create a power of attorney for finances and the power of attorney for health care. In the event that you become incapacitated, this person can act as your advocate and handle your finances, legal decisions, and health care choices on your behalf if you’re unable to do so.

Advance Directive. An advance directive allows you to select someone who is responsible for making end-of-life decisions if you are incapacitated.

Beneficiary Designations. It’s important to keep in mind that minor children should not be directly named as beneficiaries of any bank accounts, retirement accounts, life insurance policies, and other assets because they cannot make legal decisions. There are different ways to handle these issues, so talk with your attorneys to find solutions that best fit your needs.

Choose Wisely

It’s important to choose someone you know you can rely on as the executor of your will, guardian for your children, trustee, and power of attorney. These can all be the same person or different people you trust. A skilled wills and trusts attorney can provide valuable perspective and help you make practical decisions that will best benefit you and your family.

Do you need help with your estate plan? Our experienced team at Carosella & Associates can help you create a plan that protects your children’s interests and financial future.

This blog was originally posted https://carosella.com/the-importance-of-estate-planning-for-single-parents/

How to Protect Yourself from False Child Abuse Accusations

Issues surrounding divorce and child custody can be contentious. Unfortunately, false accusations of child abuse are one tactic that a co-parent may use to gain full custody of their children. These types of allegations can destroy your reputation and your family and lead to serious emotional upheaval for everyone involved. If you’re facing false claims of child abuse it is critical to seek the counsel of good divorce lawyers in PA to ensure your rights and interests are protected.

Why Would Someone Make False Child Abuse Accusations?

Ex-spouses or co-parents often bring accusations of child abuse because they are desperate. They may accuse their co-parent of abuse, neglect or failure to follow custody orders because they are angry and believe that these types of allegations will give them an advantage in a custody case. Sadly, some people are very good at putting on an act and have no problem lying about such important issues. One positive thing to keep in mind is that if accusations are false, the truth is on your side. This is where the experience and skill of a good family law or defense attorney comes in. A skilled lawyer will understand how to aggressively protect your rights and counter-charges of child abuse with solid evidence while keeping the best interests of your children in mind.

The Importance of Documentation and Evidence

To defend yourself against false child abuse allegations, it is essential to provide evidence showing that you are a good parent. Courts err on the side of caution when it comes to protecting the well-being of children, which may mean that if you don’t have evidence you could lose custody of your children or be subject to supervised visitation. Even if you feel angry because the situation is unjust, focusing on the facts instead of feelings will help your case in the long run.

Even if you had an amicable divorce, it is a good idea to document your participation as outlined in your custody agreement or parenting plan. For example, if you are supposed to pick your child up on certain days at certain times, stick to the agreement show and show up on time. If your co-parent comes up with allegations that you chronically failed to pick your child up at school or daycare, documentation from the school can prove otherwise. In cases where you’ve been accused of actual abuse, valuable evidence may include a clean criminal record and character witnesses such as family, friends, your child’s caregivers, and coworkers.

Use Common Sense When You Spend Time with Your Children

To avoid false accusations of child abuse, don’t act inappropriately around your children. Physical, emotional and sexual abuses are never acceptable. Keeping your cool can be tough sometimes, but if you find yourself in challenging situations with your kids, ask for help from a professional or someone you trust. Don’t badmouth your co-parent—any experienced attorney will advise you that maintaining a positive relationship with your children means that you’re putting their interests above your own, which can bode well for you in court.

Do you need assistance with fighting child abuse allegations? Our law firm in West Chester id dedicated to protecting your rights and helping you find the justice you deserve.

This blog was originally posted https://carosella.com/how-to-protect-yourself-from-false-child-abuse-accusations/

How a Lawyer can Help if You Have Been Charged with Marijuana Possession

Marijuana has been legalized for medical use in Pennsylvania, but it is still illegal to grow or possess it if you do not have a medical marijuana card issued by the Commonwealth. Although many jurisdictions in Pennsylvania have decriminalized the possession of small amounts of marijuana, it is still classified as an illegal Schedule I drug by the federal government. If you’ve been arrested for possession of marijuana, you can still face prison time, hefty fines, and a permanent mark on your record. Seeking the counsel of a local criminal defense lawyer who understands the complexities of federal, state and local law can ensure that your rights are protected and lead to a more positive outcome for your case.

Types of Marijuana-Related Offenses in Pennsylvania

Marijuana Possession

The penalties for marijuana possession vary, depending on the amount you are found to have. If you have an amount less than 30 grams, you could face misdemeanor charges, 30 days in jail and a fine of up to $500. Possessing more than 30 grams of marijuana is a felony that carries up to five years in jail and a $15,000 fine. Multiple convictions may result in doubled penalties. Even if you think being charged with possession is not a big deal, having a Chester County felony lawyer by your side is critical to help you understand your rights and mount a proper defense.

Possession with Intent to Distribute

This offense includes the cultivation, transportation, and selling of marijuana. If you are caught selling, delivering or distributing marijuana within 1,000 feet of a school or within 250 feet of a playground, you could face two to four years in prison. Giving or selling marijuana to a minor is a felony and may result in double penalties. It’s also important to keep in mind that growing marijuana is a felony, even if it is just for personal use.

Possession of Paraphernalia

You can even be charged with a crime if you are in possession of paraphernalia like a pipe or bong. Generally, it is a misdemeanor punishable by a maximum of 6-12 months of incarceration and a fine of up to $2,500. Delivering paraphernalia to a minor is a second-degree misdemeanor, and can come with penalties of up to two years in jail and a $5,000 fine.

DUI

The penalties for driving under the influence of marijuana can be severe. Marijuana DUI cases can be tricky, as cannabis metabolites can be found in the system weeks after use.

Why You Need an Attorney

If you have been charged with a marijuana offense, it is important to seek legal representation immediately. A criminal defense attorney may be able to help you avoid time behind bars by negotiating a conditional release, which lets you opt for probation rather than trial. If you do go to trial, the prosecution is required to prove the charges beyond a reasonable doubt. If there is a lack of sufficient evidence, the improper procedure was followed by an arresting officer, or there is no proof that you were in possession of marijuana, your attorney will use these facts to your advantage to achieve a not guilty verdict or to have charges dismissed.

If you are a first time offender, your defense attorney may negotiate with prosecutors to have you enter a drug diversion program. Upon successful completion, charges will be dismissed and will avoid having a conviction on your criminal record.

Do you need help fighting marijuana charges? Our experienced team of criminal defense attorneys can help.

This blog was originally posted https://carosella.com/how-a-lawyer-can-help-if-you-have-been-charged-with-marijuana-possession/