Monthly Archives: January 2020

What happens at Jurisdictional & Dispositional Hearings?

This entry was posted in Court Proceedings and tagged Child Protective Services Child Welfare CPS For Parents on by

Jurisdictional and Dispositional Hearings are critical steps in the process of determining whether alleged child abuse or neglect has taken place . . . and what to do next. If you are a parent or caregiver and you have been summoned to appear at a Jurisdictional Hearing, Child Protective Services (CPS) has received a complaint alleging abuse or neglect of a child or children in your care and they have already come to your home to investigate and remove the child or children from your care (if warranted). Subsequent to their removal, the reasons for the child or children being detained have been reviewed with you at a Detention Hearing and a judge has decided whether to move forward with the investigation and whether the child(ren) should stay with your or live with someone else until the next hearing takes place. This next hearing is called the Jurisdictional Hearing. Jurisdictional Hearing The Jurisdictional Hearing is where the Court decides whether the petition that has been filed by CPS is true or not. The Court has three ways to make this determination: The parents or guardians admit the petition is true; The parents or guardians submit on the petition; or The parents or guardians dispute or contest the petition. If the parents choose to dispute the petition, the court sets a trial date where all parties present evidence to the court and the court makes a decision. If the court dismisses the petition at the Jurisdictional Hearing, the case is closed, and the child or children are returned to the care of the parent(s). If the court decides the petition is true, the court immediately moves forward to the Dispositional Hearing. Dispositional Hearing At the Dispositional Hearing, the court decides whether the child or children involved will be placed back with the parent(s) or in the home of a relative, foster parent, or group home. If the court places the child(ren) back with the parent(s), the parent(s) are generally ordered to participate in a Family Maintenance Program. If the court does not place the child(ren) back with the parent(s), the court will order the parent(s) to participate in a Family Reunification Program, which is designed to get the child(ren) back in the custody of the parent(s). There are some situations where CPS does not offer any type of services to the parents and instead asks to find another permanent plan for the child, such as adoption. Family Maintenance Hearing In those cases when the court places the child or children with one or both of the parents at the Jurisdictional/Dispositional Hearings, the court holds a Family Maintenance Hearing six months later. At this hearing, the court looks at whether the parent or parents have completed the social services that were ordered. The court then decides based on their progress whether to continue to supervise the family. At this point, the court can close the case or continue the case for an additional six months. Got Questions? Looking for Guidance? When it comes […]

What's The Difference Between A Will And A Revocable Living Trust?

What’s the Difference Between a Will and a Revocable Living Trust?

This entry was posted in Revocable Living Trusts Wills on by

A WILL is a document you create to specify how you wish your estate to be managed and distributed after you die. A Will enables you to select your heirs rather than leaving it up to the courts and your state’s “intestate succession” laws to choose for you. A Will also allows you to select an individual who can serve as the executor of your estate—someone you trust to safeguard your rights after you’re gone, such as your right to select an individual to serve as guardian to raise your young children in the event of your death, and your right to give direction over the handling of assets your beneficiaries will receive. A Will, however, does not govern all aspects of how your estate is handled after your death. A Will places many of those decisions in the hands of a judge who will preside over your estate transfers in probate court, which can sometimes take months to sort out with resulting additional attorney fees and court costs. A REVOCABLE LIVING TRUST is a legal document that indicates exactly what your desires are concerning your assets, your dependents, and your heirs. A living trust bypasses the costly and time-consuming process of probate. In your trust, you will name a “Successor Trustee,” who you give authority to distribute your trust assets according to your instructions, which will be clearly documented, as though you were the one making the decisions. The Successor Trustee performs this function at the time of your death or before then if you’re unable to manage your financial, healthcare, or legal affairs due to some form of incapacity. One of the primary reasons for creating a living revocable trust is to avoid probate court and associated costs. Investopedia states that a living trust is so named because it is created while the asset owner is alive. It is called “revocable” because it can be changed or revoked by the asset owner during his or her lifetime. Unlike a will, a living trust passes property to heirs outside of probate court. This means transfers are made immediately to named beneficiaries and there are no court or attorney fees involved.  Which Should I Have—a Will or a Revocable Living Trust? The answer to which option is best for you depends on several factors, including the value and nature of your assets, the upfront costs you wish to pay for an estate plan, whether you have an individual you trust to be named as a personal representative, and your ability to follow through with your estate plan during your lifetime. Got Questions? Looking for Guidance? James Legal Group can meet with you free of charge, in a setting of your choosing, to assist you in finding the most appropriate estate planning approach to meet your needs.

What is an Estate Plan and Why Is It Important?

This entry was posted in Estate Plan on by

An estate plan is the process by which an individual or family arranges the transfer of assets to intended beneficiaries in anticipation of the asset owner’s death. The purpose of an estate plan is to put into place a smooth and efficient process for preserving the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual bestowing the assets prior to that individual’s death. If you’re thinking about planning for the future, don’t let the term “estate planning” scare you off. Estate plans aren’t only for the rich and famous. There are numerous factors other than financial assets involved. What’s In an Estate Plan? Fidelity investments advises families to consider the following when determining if an estate plan is needed: the size of the estate, including real estate, cash, stocks, retirement accounts, and other financial assets; the state in which you live and its tax laws; whether a business is involved in the estate; whether children are involved; if there are special circumstances, such as blended families or families with special needs; if asset owner has philanthropic goals; if there are privacy concerns; and the life stage of the asset owner. Regardless of the complexity of your needs, all estate plans should begin with a will or living trust. For some estate plans, a will or living trust suffices, while for others the estate plans should also include durable power of attorneys, advance health care directives, letters of intent concerning specific assets or special requests, and guardianship designations (if minor children are involved). Why Are Estate Plans Important? If you do not have any type of estate planning in place at the time of death, your family will most likely have to “probate” your estate. Probate is the legal process through which the state determines what happens to your estate and who will receive your assets based upon something called “intestate succession.” Intestate succession is a fancy term for the laws used by courts to determine the order by which someone inherits your assets when there is no will involved. While generally the same nationwide, every state and the District of Columbia has its own intestate succession laws and their interpretations. What’s most important to know is that probate/intestate succession is time-consuming, potentially stressful for those involved, and that your assets get distributed in a way prescribed by the state, not necessarily the way you wanted. The probate process can also be complicated and is usually more expensive for a family then the creation of an estate plan before death. Got Questions? Looking for Guidance? James Legal Group can meet with you free of charge, in a setting of your choosing, to assist you in finding the most appropriate estate planning approach to meet your needs.

What Is An Estate Plan