Family Law & Estate Planning
At the law office of Mogel, Speidel, Bobb & Kershner, we care about the protection of families. Whether that protection involves negotiating divorce agreements that take into consideration the best interests of parents and children, or it involves helping a client create a will so their assets can be distributed to their family in the event of their passing, we are here to help. Our firm has been providing trustworthy legal services with integrity for over 150 years. We serve clients throughout Berks County and the surrounding areas.
Here For You During Your Family’s Most Trying Times
Divorce
Undergoing a divorce is emotionally, mentally, and financially taxing. That’s why you deserve to have an experienced divorce attorney on your side, who can make the situation easier for you by fighting for your best interests. We are here for you before, during, and post-divorce, striving to help you maintain your quality of life. We understand that every relationship is different, so we take the time to understand your unique situation and properly defend your rights. With years of experience handling divorce-related issues such as child support, alimony, child custody, and division of property, our attorneys will help you achieve the best possible outcome.
Child Custody, Guardianship, & Visitation
Divorce becomes even more difficult when minor children are involved. Each parent wants to maintain an important influence in the child’s life, and it can be difficult to determine a custody plan that is in the best interests of everyone involved. However, our attorneys are highly experienced in child custody negotiations. Whether you need to determine child custody and visitation rights or want to modify previous court-ordered arrangements, our attorneys will work to reach a solution that is beneficial for you and your child or children.
Child Support
Many factors determine the amount of child support the noncustodial parent must provide. Our attorneys take into consideration the income and expenses of both parents. However, it can be difficult to determine the exact income and expenses of each parent, which is why we may enlist the help of a forensic expert. The goal is to maintain the quality of life for the child as well as the parents. We can also help our clients modify child support orders as their needs change.
Other Family Legal Issues:
Alimony/Spousal Support
Division of Property & Complex Division of Assets
Common Law Marriage Divorce
Adoptions
Qualified Domestic Relations Orders
Domestic Violence and Protection from Abuse (PFA) or Restraining Order
Post-Judgment Modifications and Complaint for Contempt
Paternity
Prenuptial & Postnuptial Agreements
Protecting Your Final Wishes
Estate planning is about much more than creating a will. It involves laying out all of your wishes for your property and assets, protecting your family from unneeded financial and emotional stress in the event of your passing. Our attorneys are highly experienced in helping our clients create innovative estate plans that can adapt as their needs and situations change during their lifetime. It’s never too early to begin the estate planning process.
Let us help you with:
Powers of attorney
Estate taxation
Succession planning
Probate
Estate administration
And much more
Wills
Ensure that your property is distributed exactly as you wish by properly drafting a comprehensive will. With a will, you can ensure the financial security of your family and save your loved ones from unnecessary stress. Without a will, the court will distribute your assets how it sees fit, not according to your wishes. Our attorneys can help you correctly prepare a will that will be upheld in probate. We will guide you in selecting guardians for minor children; distributing financial assets, property and special items or heirlooms; and choosing charities to support.
Trusts
If you would like to begin distributing your assets during your lifetime, a trust is the right choice for you. A living trust, like a will, designates who you want to receive your assets and property. However, a trust becomes effective immediately. Plus, a trust does not need to go through the probate process as a will does. Our attorneys will work with you to properly set up your trust and ensure that you are making the right decisions for yourself and your loved ones.
Powers of Attorney & Guardianship
An important aspect of estate planning is designating a power of attorney. This person will have the legal ability to make decisions regarding your finances, health care, business, end-of-life care, and more in the event that you become incapable of making these decisions. You can designate powers of attorney for different purposes. For example, you can choose a health care power of attorney, a financial power of attorney, or a durable power of attorney, who will have the ability to make all financial, medical, and legal decisions for you.
A guardian is a person to whom you grant legal authority to care for you in the case that you become incapable of caring for yourself. This person can also make healthcare, financial, and legal decisions on your behalf. Our attorneys can help you determine powers of attorneys and guardianships that are in your best interests.
Family Law FAQ
What is the process for filing for divorce?
The process for filing for divorce typically involves several steps:
- Residency Requirements: Ensure you meet your state’s residency requirements for filing for divorce.
- Grounds for Divorce: Determine the grounds for your divorce, whether it’s no-fault (irreconcilable differences) or fault-based (adultery, cruelty, etc.).
- Filing the Petition: File a divorce petition with the family court in your jurisdiction. This document outlines your reasons for the divorce and any requests regarding child custody, support, alimony, and property division.
- Serving the Spouse: The petition must be served to your spouse, who then has a specified time to respond.
- Negotiation and Settlement: If both parties can agree on the terms, they may negotiate a settlement. If not, the case may go to a hearing before a Divorce Hearing Officer to decide the unresolved issues.
- Finalizing the Divorce: Once an agreement is reached or the court makes a decision, a divorce decree is issued, and the divorce is finalized meaning transferring property including retirement accounts.
How is child custody determined?
Child custody is determined based on the best interests of the child. Courts consider various factors, including:
- The child’s age, health, and emotional needs.
- Each parent’s ability to provide a stable, loving, and nurturing environment.
- The child’s relationship with each parent.
- Each parent’s willingness to foster a positive relationship between the child and the other parent.
- The child’s preference, if they are of sufficient age and maturity.
- Any history of abuse or neglect.
Custody can be awarded as joint (shared by both parents) or primary (one parent has custody the majority of the time), with specific arrangements for holidays and vacations.
The Court will also address legal custody or which parent can make decisions for the child such as medical and educational decisions, this may be shared (both parents make decisions) or sole (only one parent makes the decision).
What is the difference between marital and separate property in a divorce?
Marital property includes assets and debts acquired during the marriage and is subject to division upon divorce. This can include income, real estate, investments, and personal property. Separate property, on the other hand, refers to assets and debts that one spouse owned before the marriage, inheritances, gifts specifically to one spouse, and any property agreed to be separate by a valid prenuptial or postnuptial agreement. Courts will generally divide marital property equitably, but not necessarily equally, considering factors like each spouse’s contributions, the duration of the marriage, and each spouse’s economic circumstances.
How is child support calculated?
Child support is calculated based on state-specific guidelines that consider various factors:
- The income of both parents.
- The number of children requiring support.
- The custody arrangement and the amount of time each parent spends with the child.
- The child’s needs, including education, healthcare, and extracurricular activities.
- Any special needs or extraordinary expenses of the child.
A formula is used to determine the amount of support, which can be adjusted based on deviations from the standard considerations.
Estate Planning FAQ
What is estate planning?
Estate planning is the process of arranging for the management and disposal of a person’s estate during their life and after death. It includes the distribution of assets, the handling of taxes, and the assignment of guardianship for minors. The goal is to ensure that your wishes are carried out, your family is provided for, and your estate is managed efficiently.
Why is estate planning important?
Estate planning is important because it ensures that your assets are distributed according to your wishes, helps minimize estate taxes, and can prevent family disputes. It also allows you to designate guardians for minor children and make arrangements for your healthcare and financial affairs in case you become incapacitated.
What documents are typically included in an estate plan?
A comprehensive estate plan typically includes several key documents:
- Will: Specifies how your assets will be distributed and who will care for any minor children.
- Trust: Manages and distributes your assets.
- Durable Power of Attorney: Designates someone to handle your financial affairs if you become incapacitated.
- Healthcare Power of Attorney: Appoints someone to make medical decisions on your behalf if you are unable to do so.
What happens if I die without an estate plan?
If you die without an estate plan, state laws will determine how your assets are distributed. This process, known as intestate succession, can be lengthy, expensive, and may not reflect your wishes. It can also create additional stress and potential conflict for your loved ones during an already difficult time.
How often should I update my estate plan?
You should review and update your estate plan every three to five years, or whenever you experience a major life event such as marriage, divorce, the birth of a child, the death of a beneficiary, or significant changes in your financial situation. Regular updates ensure that your estate plan remains aligned with your current wishes and circumstances.
What is estate administration?
Estate administration is the process of managing and settling a deceased person’s estate. This includes collecting assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries according to the deceased’s will or state law if there is no will.
What are the responsibilities of an executor or administrator?
The executor (named in the will) or administrator (appointed by the court if there is no will) has several responsibilities, including:
- Collecting and inventorying the deceased’s assets
- Paying any outstanding debts and taxes
- Distributing the remaining assets to the beneficiaries
- Filing necessary court documents and keeping accurate records
- Handling any legal and financial matters related to the estate
How long does the estate administration process take?
The length of the estate administration process can vary widely depending on the complexity of the estate, the state laws, and whether there are any disputes among beneficiaries. On average, the process can take anywhere from six months to a few years. Complex estates or contested wills can extend the timeline significantly.
What happens if an estate has more debts than assets?
If an estate has more debts than assets, it is considered insolvent. The executor or administrator is responsible for paying as many debts as possible with the available assets, following a priority order set by state law. Beneficiaries may not receive any inheritance if the debts exceed the estate’s assets. In most cases, family members are not responsible for paying the deceased’s debts from their own funds.
Do I need a lawyer to administer an estate?
While it is possible to administer a simple estate without a lawyer, it is often advisable to seek legal assistance, especially if the estate is complex, there are disputes among beneficiaries, or there are significant debts and tax issues to resolve. A lawyer can help navigate the legal requirements, ensure compliance with state laws, and reduce the risk of mistakes and delays in the administration process.
