Faqs

What are the benefits of a trust?

The biggest benefit is it allows your estate to be entirely handled outside of the courts without the obnoxious redtape placed by the courts. With a trust your assets won’t be placed in probate will be distributed in far cheaper and faster process than if you just had a basic will.

Should I create a trust?

Generally yes, trusts allow you to avoid an unnecessarily expensive and complicated probate process you’ll have if you only have a will.

What kind of documents do I need for estate planning?

While a bit broader than just estate planning we generally reccomend three sets of “worst case scenario” documents. First a will or a trust (to handle your estate once you die). Second a power of attorney (so someone can handle your finances if you’re unable to). Third an advanced medical directive (so your family and agents know your medical desires).

How much spousal support will I get/have to pay?

Broadly speaking the courts look at the need of the spouse requesting spousal support and the ability to pay for the other spouse. You’ll have to be prepared to present to a court your income and expenses (no matter which side you’re on).

There are a few calculators online that are typically only used in temporary hearings (and not for final resolutions) but those will provide a decent ball park.

Will I get half of my spouse’s retirement/will I have to give my spouse half of my retirement?

Another bad attorney answer: it depends. The rule of thumb is that the parties divide the “marital share” equally, with the marital share being defined as the amount accrued during the marriage.

Should I leave the house?

While this question is highly specific to your facts the general answer is no. You don’t want the other party to claim you deserted or abandoned your spouse and children.


>