Domestic Violence and Separation- When Your home is not your safest place.

During the COVID-19 pandemic, millions of people have been forced to stay at home for months. Cases of child abuse and domestic violence are on the rise, as are separation and divorce. Those dealing with these issues face unique challenges and may not know where to turn to find help. Although some courts are operating on a limited basis, if you are a victim of domestic abuse you can still seek a Protection from Abuse order. If you are considering divorce, a lawyer can advise you of the next steps to take to get the process started.

Filing for a Protection from Abuse Order

If you are being abused by a spouse, partner or family member, getting a PFA can help put a stop to the violence and even save your life. Although the Protection from Abuse Act is Pennsylvania law, the process for obtaining a PFA varies from county to county. A local family law attorney can help you file a petition for a temporary PFA and act as your advocate at the subsequent hearing, which is usually held within 10 business days of the filing of the petition.

This proceeding may be held via teleconference during the COVID-19 pandemic, which can make it even more difficult to communicate your reasons for requesting a final PFA. It is also important to keep in mind that the defendant will most likely be present at the hearing, which can be rattling to some victims of domestic violence. Your lawyer can prepare you for the hearing and speak on your behalf when it is time to go to court.

What Can a PFA Order Accomplish?

If you are concerned for your safety and the safety of your children, a PFA can address these issues in several different ways. Some of the requests you can present to the judge in a PFA petition include:

• Ordering the abuser to stop abusing, harassing, threatening, or stalking you and your children
• Making the abuser leave the home (even if it is owned by both parties or both parties are on the lease)
• Requesting temporary custody of your children
• Forbidding the abuser from contacting you, your children or other family members
• Asking the abuser to relinquish firearms or other weapons
• Asking the judge to order “any other appropriate relief” such as the return of important documents, pets, or other personal property

The judge will consider your requests and may grant them in the final order.

Dealing with Divorce and Child Custody Issues

Even if you are not facing physical abuse, emotional abuse can take a serious toll on your mental health and overall wellness. Although it may seem like an inconvenient time to file for divorce, if your relationship has broken down to an irrevocable point, speaking with an attorney can empower you to take action. Leaving a toxic relationship is life-changing for victims of physical and emotional abuse. A divorce lawyer can advise you of your rights and provide the support you need during these difficult times. If you’re dealing with issues surrounding child support or custody, your attorney can also fight to ensure your children’s interests are protected.

If you’re having trouble at home and need legal help, our compassionate family law team at Carosella & Associates is here for you during the COVID-19 pandemic.

If you or someone you know needs help, call the National Domestic Violence Hotline at 1-800-799-7233 or (TTY) at 1-800-787-3224 .

This blog was originally posted https://carosella.com/domestic-violence-and-separation-when-your-home-is-not-your-safest-place/

Estate Planning Mistakes that can Cost You Dearly

Proper estate planning can protect your assets and make things easier for your loved ones. There are several vital elements of estate planning that can accomplish these goals, but all too often people avoid planning until it’s too late. An estate planning lawyer can help you avoid these mistakes so your legacy is preserved according to your wishes.

Failing to Create a Will

Believe it or not, more than half of American adults do not have a will or estate plan. This may be changing due to the coronavirus pandemic, as people are realizing that it is more important than ever to create or update your will and other estate planning documents. Dying without a will means that your entire estate will have to go through probate, which can be a lengthy, costly process. Typically, a will must be executed in the probate court, but having everything laid out makes the process much more straightforward. If there is no will, the court will appoint a personal representative to oversee the distribution of your estate, payment of debts, the filing of inheritance tax returns, and other responsibilities. Without a will, the property will be distributed according to Pennsylvania intestate succession laws.

The court may even have to name a guardian for minor children, which can have a serious emotional impact on them at an already difficult time. Having a wills and trusts lawyer help you create a valid will helps cut down on family conflict and ensures your assets are distributed as specified. If you’re concerned about the cost of hiring an attorney to help you with your estate plan, keep in mind that the price your family may pay after you are gone could be much higher.

Forgetting to Update Beneficiaries

Updating beneficiaries on your life insurance policies, bank accounts, investment accounts, and retirement accounts such as IRAs and 401(k)s can also save your family time and headaches. These items typically do not have to pass through probate, but if a beneficiary has passed away or you failed to name one, things can get messy. For bank and brokerage accounts you can sign Paid on Death (POD) forms and Transfer on Death (TOD) forms, which allows them to avoid probate and be automatically transferred to the person, trust, or charity you specify on the form.

Not Protecting Assets with a Living Trust

Also known as a revocable trust, a living trust is usually exempt from probate. A revocable trust is created while you are still alive, and you can change or cancel the provisions at any time. Most assets can be put in a revocable trust, including valuable possessions, real estate, bank accounts, and investments. Upon your death, assets in a revocable trust are transferred to your designated beneficiaries. Having a qualified estate planning attorney help you create a revocable trust is essential to ensure it is done properly.

Whether you need to update or create an estate plan, our team at Carosella & Associates can help you find creative solutions to ensure your assets are preserved, your family’s interests are protected and your legacy lives on. Learn more about our estate planning services here.

This blog was originally posted https://carosella.com/estate-planning-mistakes-that-can-cost-you-dearly/

Why Estate Planning is Important for Everyone in the Time of COVID-19

From stay-at-home orders to social distancing, the COVID-19 pandemic has had a serious impact on everyone’s lives. These uncertain times have moved many people to think about their mortality and the legacy they want to leave behind. If you need to create or update your estate plan, an attorney who handles wills, trusts, and other vital documents can help you prepare for the future and put your mind at ease.

Why Do I Need An Estate Plan?

Even if you do not have a particularly large estate, planning for what may come is vital. An estate plan involves so much more than just a will. Without powers of attorney or an advance directive (living will), if you should become incapacitated, health care and financial decisions may be left up to someone you do not trust or even know. These documents help to ensure your health, well-being and finances are protected if you cannot speak for yourself. In addition, having a will and other estate planning measures in place at the time of your death can help your family save time, money, and avoid additional emotional upheaval during an already challenging period.

Update or Create Your Estate Plan

Whether you already have an estate plan and need to update it, or you need to create a new one, it is especially important not to put it off during these unpredictable times. There are several documents that are crucial elements of any estate plan, including:

Last Will and Testament – A will enables you to specify how you would like your assets to be distributed after your death. You may also name guardians for minor children and appoint an executor who will handle the distribution of your assets. Without a will, the distribution of your assets will be handled by the probate court, which can be an expensive, time-consuming process fraught with conflict. If you know how you want your estate to be distributed to your beneficiaries, making a will can ensure it happens according to your wishes.

Durable Power of Attorney for Health Care – This document enables you to designate someone you trust to make health care decisions for you should you become incapacitated. Having a lawyer help you create this document can ensure that proper requirements and language are used so your agent has the legal authority to carry out your wishes.

Living Will (Advance Directive) – Life-sustaining medical decisions can be excruciating for loved ones to make, especially if they are unaware of what you would have wanted. A living will allows you to state your wishes and name a surrogate decision-maker regarding the refusal or approval of certain life-sustaining treatments if you incapable of making those decisions for yourself.

Power of Attorney for Finances – Naming someone to take care of your financial affairs when you are unable to do so can protect your assets, property and your family. A power of attorney for finances gives your agent the ability to pay bills, make deposits, write checks, sell or buy assets, and file tax returns on your behalf.

The experienced team at Carosella & Associates is dedicated to serving clients’ legal needs during these unpredictable times. We can help you create a comprehensive, personalized estate plan that meets your needs and safeguards your future.

This blog was originally posted https://carosella.com/why-estate-planning-is-important-for-everyone-in-the-time-of-covid-19/