Family matters are inherently intricate and intimate. A separate family law governs them considering their unique and special nature. When things fall apart and enter the legal realm, a family lawyer can help navigate the situation with nuanced care and expertise to bring forward the best possible outcome for all members involved. The following situations can especially benefit with the assistance of a family lawyer.
1. Estate management and distribution:
To protect the interest of family members and ensure their well-being in the event of death or incapacity, a family lawyer can help set up various measures:
- Drafting a Will:
- A will is a legal document that primarily expresses a person’s wishes regarding the distribution of their assets on their passing. It also specifies the manner of distribution, the executor of tasks, guardians and caretakers for minors among other things. In the absence of a will, assets are distributed among the family members as per the provisions of the law which may or may not be in line with the wishes of the deceased.
- While there is no mandatory requirement to consult a lawyer, there are several legalities which have to be met for a will to stand valid.
- A family lawyer will ease up the process of drafting a will while making sure that the document is legally abiding. Under professional guidance, the process is hassle free for the maker as well as for the inheriting members.
- Setting up a trust:
- A trust, unlike will, is an estate planning tool which holds the property of the maker and manages it as per instruction. It can come into effect while the maker is still alive or after their death.
- Beneficiaries is the group for whose benefit the trust is set up and the assets are handed over to them at a stipulated time or it provides for them for a lifetime. The trust is held and controlled by a trustee as per the terms specified.
- A family lawyer can ease up the legal jargon for the maker and provide guidance to protect the interests of the beneficiaries in the best possible way.
- Legal representation and protection of claim: A family lawyer also provides legal representation in case a dispute arises regarding the distribution of family property. In the presence of a lawyer, things can be resolved amicably without compromising any members claim.
2. Divorce Settlements:
1. Separation: A family falls apart during a divorce and is a testing time for every member involved. Stress and emotions run high in such times which often complicates things. A family lawyer can make sure that the separation is just and equitable for both the parties and all issues are resolved in mutual interest.
2. Child custody: A family lawyer can help the parents come up and agree on the best possible arrangement for their children after the divorce.
Dealing with family issues is a complicated affair, as there never is a winning party. A competent family lawyer understands this and can ease up tensions bringing forth the best possible scenario for everyone.