Category: Estate Planning

The Costs of Not Having An Attorney

When it comes to hiring an attorney a good majority of individuals think the costs far outweigh the reward. Although, this can be a money saving avenue for some, the truth is for most people, saving money in the beginning costs much more in the end.

Attorney, Lauren A. Bostick, is a natural born advocate who’s dedicated to helping others through her extensive experience in family law, divorce, child custody, spousal maintenance and child support provides us with a great example of what hiring the right lawyer can do for you.

Lauren consistently achieves outstanding results for our clients and their family court matters. Just yesterday she produced another big win.

Our clients came to Lauren with a tragic story and in desperate need of child support she felt she was owed. Previously, she went to court unrepresented in her family case matter while the opposing party had acquired counsel.

What You Need to Know:

Without much knowledge of the law representing yourself is an arduous task, one only more challenging when you are working against an opposing party that has hired counsel. It’s important to remember that clearly, no attorney can guarantee results but one thing to remember is that unrepresented you can face opposing counsel who’s life’s work has been to do what you are trying to learn and execute effectively.

It’s hard work and although not impossible, winning a case unrepresented when facing another represented party, is an exception to the rule and not the rule.

Unfortunately, our client, like most unrepresented clients, had to learn the hard way resulting in the judge not ruling in the opposing party’s favor.

In fact, this resulted in a denial of child support and, to make things worse, an order to pay the other party’s attorney’s fees.  Not only was the child support she needed denied but now she had to pay for the other party’s counsel.

After this unfavorable ruling, she called us. Attorney Bostick listened to her story, sought understanding of the events, and then drawing on her knowledge and experience of family law, concluded that the client did in fact, have grounds for child support.

What You Need to Know:

One thing to remember when looking for counsel is that no matter who your attorney is, they cannot guarantee results. But what does work in your favor is the results are based on the specific facts of your case and the rulings of the Court. Which means, when hiring your attorney, it’s important to share all of your story, make sure the attorney is listening attentively, and feel confident that they can act as your advocate.

This case is a prime example of why we recommend at minimum consulting with an attorney before making the decision to hire or not hire an attorney. It could save you much more money in the end.

Another demonstration of Attorney Bostick’s talents, experience and commitment to advocating for those who cannot for themselves was one our client is grateful for.

Our client was awarded the child support she needed to properly provide for her children. And the court vacated, cancelled, the order requiring her to pay the other’s attorney’s fees.

It was a huge win for our client and another example of what hiring the right attorney can do for your.


Disclaimer: The information above is not intended to be and does not constitute legal advice, counseling or recommendations under any circumstances. The use of the content does not create an attorney-client relationship or other professional relationship between the user and Rachel Frazier Johnson Law. Rachel Frazier Johnson Law strongly recommends that if the user has a specific legal issue then they engage an attorney admitted to practice law in their jurisdiction. The user is exclusively responsible for their selection of an attorney and for making all arrangements with that attorney. The content above and the Rachel Frazier Johnson Law website is not a substitute for competent legal advice. Reliance on and use of the information contained in or linked from the website of Rachel Frazier Johnson Law is done at your own risk.

Hiring an attorney

A Resolution You’ll Want to Add to Your List Today!

You made it through 2017, you’ve made some great memories and got some bumps and bruises along the way, but now is the time of the year we collectively hit the “reset button”. It’s a time to reassess your life, your habits, your wants and your needs—that’s where the classic resolution list takes form.

Often your resolution list is a shift in focus on your health, or maybe it’s more about being mindful of your money or keeping stress in check.  Whatever is actually on your list, there’s something you can do today with a little bit of effort that will pay off in a big way.

Estate Planning. Yes, thinking about what happens to your estate, everything you’ve worked for, once you’re gone it will all be decided either exactly as you arranged or however someone else, such as a judge, decides. We realize this isn’t an exciting topic. However, planning for your estate by preparing a Will or a Trust certainly will instill confidence in you and your loved ones that you have planned for them.

You’ll Be Confident That Your Hard Earned Wealth Is Distributed Where You Want It To.  As much as we would like to think we can guarantee tomorrow, we can’t. It’s important to consider what would happen in the event of an unexpected illness, or death.

What you need to know:

If you don’t prepare a Will or Trust to plan to the distribution of your assets and/or personal property, your estate may be distributed through a court probate process. This leaves decisions about your estate in the hands of someone other than you. Probate can be a lengthy and sometimes even costly process. In the end, the likelihood that your assets and personal property will be distributed how you would have desired, is unlikely.

Plan and design your estate plan so you have confidence in your estate plan, and leave your loved ones knowing you have made your wishes known to make sure they are taken care after your passing.

Ensure Your Family and Loved Ones Are Protected. Is There Any Greater Peace of Mind? This is your opportunity to take control and make things manageable so your family won’t have to sit down and hash it out while also grieving your passing.

What you need to know:

Your Will and Power of Attorney (POA) are two documents that are important to have completed, notarized, and should be easy to locate for your family in the event of your death.

Your Will designates your wishes for the distribution of your estate, including your assets and personal property, while a POA will give the person you designate the authority to access accounts and sign legal documents on your behalf.  These documents should be completed and easy to access in the event you become ill or impaired and no longer able to communicate or sign the documents.

In the event you are incapacitated, you would still be serving your family by having an estate plan in place. With emotions on high, it will already be a stressful situation managing health care decisions, or funeral arrangements while also handling the distribution of your estate. With an estate plan in place, your plans for distribution will be considered just as you wished, and your family can focus on honoring your memory—and grieving your loss.

You may find that thinking about these things is a little uncomfortable, but this is an important part of life and for the future of your family and the legacy you leave for them.  Think of it as a way you can continue to serve your family even when you are not around—an extension of you, your legacy and your love for them.

We hope you’ve been inspired to add estate planning this year to your list of things to do and we will be here to help you when you are ready to cross it off!

Happy New Year!


Disclaimer: The information above is not intended to be and does not constitute legal advice, counseling or recommendations under any circumstances. The use of the content does not create an attorney-client relationship or other professional relationship between the user and Rachel Frazier Johnson Law. Rachel Frazier Johnson Law strongly recommends that if the user has a specific legal issue then they engage an attorney admitted to practice law in their jurisdiction. The user is exclusively responsible for their selection of an attorney and for making all arrangements with that attorney. The content above and the Rachel Frazier Johnson Law website is not a substitute for competent legal advice. Reliance on and use of the information contained in or linked from the website of Rachel Frazier Johnson Law is done at your own risk.

estate planning, trusts, wills

Mortgage Relief, Protecting Your Credit, Your Home and Your Future

The hard truth is real estate prices took a plunge in 2006, and now homeowners, like you, have been struggling with mortgage payments to cover debt that may be greater than your current home value. It’s a sticky situation that many homeowners face and while prices have increased from record lows, millions still continue to fall behind on mortgages that are simply overwhelming. You may have considered selling your home but with a heavy mortgage in place, this can create difficulties in the sale. So, what do you do from here?

Homeowners must look to new sources of relief when it comes to easing the burden of mortgage debt.

‘Subject to Agreement’ contracts enable homeowners to work with real estate investment firms to get their mortgage payments caught up and protect their credit. The relief is immediate because the real estate investment firm pays any past due mortgage payments as their contribution to the agreement.

Ultimately, ‘Subject to Agreement’ contracts outline terms where the deed to your home is signed over to the investor and in return they assist you with your mortgage payments. Once your mortgage is up-to-date, you can focus on repairing your credit, develop a working budget, and finding a solution for your housing situation.

If you feel you are too far behind on mortgage payments and believe that foreclosure is your only way out, consider another option.

Though they have become more common than ever before, foreclosures should not be used as a way out of your debt. When a mortgage company has to foreclose on your property, you lose more than your home. The damage to your credit is far-reaching and long lasting. It may seem like the easy way out of an over mortgaged house, but recovering from a foreclosure is far from painless.

When you foreclosure, your foreclosure remains as a major black mark on your credit report for seven years. Over the seven years, you can take other steps to reduce the effect of this detrimental decision, but the fact is your foreclosure will affect every financial step you attempt to take.

If you find a lender who is willing to lend to you, you can expect to pay high credit card and loan interest rates, making it even more difficult to remain debt free. Some activities you may not have even considered, such as applying for college or employment, can include a credit check and allowing your mortgage company to foreclose on your home can severely alter your future plans.

Instead of causing long-term damage to your credit, learn more about a ‘Subject to Agreement’ arrangement. Enjoy debt relief without limiting your prospects.

We invite you to contact us at Rachel Frazier Johnson Law and discover how we can help you overcome your debt and look forward to a better future.

 


Disclaimer: The information above is not intended to be and does not constitute legal advice, counseling or recommendations under any circumstances. The use of the content does not create an attorney-client relationship or other professional relationship between the user and Rachel Frazier Johnson Law. Rachel Frazier Johnson Law strongly recommends that if the user has a specific legal issue then they engage an attorney admitted to practice law in their jurisdiction. The user is exclusively responsible for their selection of an attorney and for making all arrangements with that attorney. The content above and the Rachel Frazier Johnson Law website is not a substitute for competent legal advice. Reliance on and use of the information contained in or linked from the website of Rachel Frazier Johnson Law is done at your own risk.
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