Common Mistake to Avoid During Divorce

Divorce is one of the hardest things a person can experience. It is often filled with fear, messy emotions, complicated issues, and differences in opinions. Needless to say, it is hard for anyone to show up as her/his best self under this type of stress, fatigue, emotion, and conflict.  It can be challenging to make sound decisions for yourself and your children, and it is important to recognize these decisions will affect your financial situation and relationships into the future. Muddling through a divorce process can take its toll on time and energy resources. Yet is necessary to make thoughtful, informed decisions rather than rash, short-sided decisions; even though it is common to want the whole process to be done quickly.

To finalize a divorce in the state of Minnesota requires a fully signed Judgment and Decree. This document, signed by a Judge, is an order of the court. Many people do not realize that once a divorce is final, the terms of the court order are hard or impossible to change later. Spouses sometimes assume the terms of their divorce can be adjusted later. However, while some portions of a Judgment and Decree, like sections that pertain to children, may be modifiable later, there are many financial parts that may not. If a spouse wants to make changes later, it will cost more time and money to go back to court without any guarantees that a judge will allow the desired changes at that time. People in a divorce should expect that what is put into their Judgment and Decree will stick forever.

Because a finalized divorce is permanent, knowing how to avoid making common mistakes during the dissolution process can help you make sound decisions for yourself and your family. Of course, what might be considered a mistake for one, like giving up too much money in a divorce settlement, another might think is wise because it helped end the divorce process sooner and saved everyone time, stress, and money.

I would invite you to consider that choosing to act in a way that makes the divorce process more painful, stressful, and miserable or more costly and take longer is probably a mistake. You can help minimize making painful and costly mistakes by avoiding the following:

1.       Acting out of emotion

Admittedly during a divorce process acting of emotion can be hard not to do. However, when you choose to act out of emotion you are less likely to get the best result. In fact, the opposite is typically true. Divorce is often fueled by emotional mistakes people make, which can include:

-          Assuming things will clear up on their own,

-          Refusing to communicate with a spouse,

-          Refusing to compromise with a spouse,

-          Having impractical expectations,

-          Wanting to or trying to “get even” with your spouse,

-          Making emotional financial decisions,

-          Using oral agreements instead of written agreements,

-          Refusing to negotiate issues,

-          Refusing to attend mediation, and/or

-          Posting information on social media about your spouse or your divorce.

Making an emotional decision may feel satisfying in the moment, but ultimately could drag the process out longer and cost more time and money. Using an attorney is one of the best ways to ensure making sound decisions. If you are struggling with your emotions, then seeing a therapist is one of the best ways to help navigate the emotional roller coaster of a divorce.

2.       Making your children the messenger

This mistake can have a serious impact on your children. Keeping your children out of your divorce, no matter their age(s), as much as possible is key. While it may be important for your children to know what is going on, as is developmentally appropriate, the children should never be the ones sending information back and forth between parents or hear negative talk about the other parent. Parents may divorce, but children will remain their children forever. Children can quickly feel alienated by the bad-mouthing parent or turn against their parents if they are placed in the middle.

3.       Dating while getting a divorce

While it is common for people to want to make new relationship decisions while in a divorce process, this is one complication to avoid until the divorce is finalized. Making the choice to hold off on dating is in your best interest. Judges want to know that you are putting your children first and the less distraction here the better.

4.       Attempting to hide information from your spouse

One of the worst mistakes (and most likely to backfire in a big way) spouses can make is deciding to attempt to hide information, documents, or assets during a divorce. Doing so can result in critical consequences. Minnesota law requires full disclosure for divorcing spouses. Be forthcoming with your attorney when it comes to information, documents, assets, and liabilities to save time, money, headaches, and potential fraud claims.

5.       Glossing over important financial details

A divorce can involve quite a bit of paperwork, including important financial information. Some people, without thinking, can miss key information that needs to be included in the paperwork.

6.       Getting it over with without thinking enough about your financial future

It is imperative that both spouses plan ahead to protect their financial futures, which includes securing a fair property settlement during the divorce that accounts for legal rights and a new financial situation. The financial discussion should also take into account the tax situation and retirement planning.

Effectively, a divorce creates two households out of one with the same or similar financial situation that existed during the marriage. Therefore, it becomes vital to plan ahead to protect the financial future for everyone involved, including you, your spouse, and your children.

This also includes updating your estate planning documents after the divorce is officially finalized. Life changes after a divorce is final, meaning the income you shared with your spouse will be gone, and you will need to survive on your income (which may include spousal support if it is awarded).

It is also a significant mistake to take or allow a spouse to take advantage of a financial situation in a divorce process, so making sure to protect yourself is key. An attorney and/or financial advisor can assist here. During the divorce process is also a time to consider if your normal spending habits need to change during and after the divorce to avoid potential financial ruin.

7.       Fighting over the small “stuff”

Fighting over relatively inexpensive household items can be extremely costly. Give a pause if you find you are arguing with your spouse over a shovel, grill, rug, or saltshaker set, and ask yourself if it is costing more in legal fees to argue than the item being fought over. How about saving the attorney’s fees and buying a sparkly, new shovel, grill, rug, saltshaker set, or “insert item here,” instead? Likely you are not really fighting about the shovel, grill, rug, or saltshaker. Instead ask yourself, “What am I really fighting about and what really matters here?” If you are being honest with yourself, it’s likely not the “insert item here.” This is another example of when an attorney, therapist, or even a divorce coach can offer perspective and helpful advice.

8.       Taking advice from friends and family

Friends and family mean well and try to be supportive when giving advice. It is natural to want to confide in those closest to us when big life events take place. Often this is a mistake during a divorce because every situation is different. The best advice will likely come from a family law attorney because your attorney understands the unique circumstances of your situation and is protecting your interests. Of course, who you choose to hire for your attorney matters. It is important for you to be forthcoming with your attorney about the situation, so your attorney knows what is happening to give you the best advice for your circumstances and all the moving parts within your divorce.

Now that I am avoiding these mistakes, what else can I do?

At Galowitz Olson, PLLC, we understand the complexities, stress, and legal processes of divorce. We are here to listen and work with you. You will need to decide if this is the best time to do-it-yourself or go-it-alone. It may not be. It can be a difficult time to make many life-changing, informed decisions when life has imploded and emotions are running at an all-time high, especially when considering a lot of legal terrain is covered during a divorce and many people find they are unfamiliar with the language. It is true that divorce can be expensive, but mistakes can be even more expensive. Not everyone needs legal representation in a divorce. We can help you determine what is likely going to be the most helpful assistance for you and work with you to get the best outcome for your unique situation.

Written by Melissa Miroslavich

The material contained herein is for informational purposes only. It does not create an attorney-client relationship between Galowitz  • Olson PLLC and the reader.  By viewing our blog, the reader understands that the information herein is not offered as legal advice and should not be used as a substitute for legal advice. Readers are encouraged to consult with an attorney for questions related to a specific situation or concern.  

Our Favorite Takeaways from “Before All Is Said and Done” by Pat Miles and Suzanne Watson

Our firm heard from several new clients that they were inspired to begin their estate plans after reading Before All Is Said and Done by Pat Miles and Suzanne Watson. While we are always grateful to receive inquiries regarding estate planning, we are also appreciative when a new resource is available to clients that provides additional help and insights. For example, this book includes chapters on unique situations of loss, such as: stepchildren, loved ones with dementia, proceeding after a sudden death, grieving death during a pandemic, and the loss of spouses in the military. The book also includes a list of resources for people who have lost loved ones.

Our financial assistant, Marie, read the book first and then kindly shared it with me. Both of us agree the book is insightful, and we look forward to discussing it with our families and friends. While we encourage anyone interested to read the book in its entirety, we think these points in particular are valuable and worth sharing.

First, this book emphasizes that it is written not only for people who have lost spouses, but for people who want to plan ahead and prepare for end of life events as much as possible. While you and your family may be alive and healthy today, you may also find that you are not prepared for complications that can occur at the end of life or when health becomes unstable. In these situations, providing care to loved ones becomes the top priority. During difficult times and duress, it is quite possible you may not think or even care about drafting or updating legal documents. It is important to have estate planning documents prepared and updated before circumstances are emergent.

Second, this book centers on grief and how encompassing it can be for loved ones. Grief is not just physical loss and emotional toll, but also the administrative requirements to process a loved one’s death. Those who have lost loved ones may find solace in the chapters on grief, discussing feelings of loss and loneliness. While the demands of everyday life can cause stress, the added stress of estate administration can affect the ability to grieve. Our office strives to provide supportive assistance with estate administration to ease the burdens for our clients who have lost loved ones. It is not lost on us that the grief of losing a loved one can make simple tasks feel impossible. We found one of the helpful tips provided in this book for navigating grief is identifying something meaningful to you every day. This practice is likely beneficial for everyone, regardless of the stage of grief or loss. While it can certainly be challenging, taking care of yourself looks different for everyone and making yourself the priority as you heal, we agree, is of the utmost importance.

In addition, this book clearly supports working with an estate planning attorney you can trust. It may seem like drafting your own documents is a time and cost saving exercise, but often this approach does not include the entire picture of your estate plan. In most cases, financial accounts also need to be organized to best effectuate the estate planning documents that have been put in place. Not to mention, drafting your own documents does not mean they have been done correctly, and your estate may incur more expense later on if your documents are not clear or are incorrect. Our office assists clients in organizing their assets by preparing an asset sheet that lists all financial accounts, account ownership, and beneficiary identification. Lists like this are very useful both for staying organized during life and upon death for ease of administration.

We agree it is important to pick an estate attorney who feels like the best fit for you and your unique experiences. We often tell clients during their initial consultation that the estate planning process is truly all about our relationship. Trusting relationships are best built well before they are needed, not during times of tragedy and stress. We believe you should choose an attorney who can explain procedures to you in a way that makes you confident in your understanding and decisions. We welcome clients to bring someone you trust and feel comfortable with you for support during an estate planning meeting.

Lastly, after you have found a good attorney you are comfortable with, this book promotes (and we agree) that it is of the utmost importance that you understand your documents and how they work for you. You should not rely on assumptions or hope. And you should feel empowered to ask questions, even if they feel silly to ask. The following quotation from the book summarizes this notion perfectly: “The aftermath of a death is not the time to begin the process of understanding legal documents.”  The book reinforces that individuals and spouses need to understand their legal documents and their financial information as well. We also consider it essential that both spouses understand the legal documents being drafted and signed.  We have found that it is common that spouses may have divided household tasks with one spouse having greater understanding over finances and bills. It is important that spouses share information regarding finances, even if one spouse oversees the financial information more than the other. To assist in understanding, our office prepares a binder for clients that includes important information such as legal documents, financial accounts, and any other useful information. Our binders also include an asset sheet and a digital property inventory where clients can keep passwords and online account information in one place. These binders can be helpful even when both spouses are alive but when one spouse may become incapacitated.

Once your estate plan is prepared, we encourage clients to review their estate plan at regular intervals to ensure it still matches their wishes and current circumstances. It is recommended that you select a calendar date each year to sit down and review your legal documents. You may also wish to consider sitting down with your children and ensuring that they understand your estate plan and your wishes as well.

This blog is not intended to be an exhaustive list of the best takeaways from the book. We encourage you to read the book if you are interested in learning more about grief, loss, and being prepared for both. Our office is available to answer questions you may have about preparing estate planning documents, organizing your financial accounts, and administering an estate for your lost loved one. Our office is comprised of compassionate, experienced attorneys and support staff who are here to support you in your difficult times and help you prepare for the future.

Written by Tori Kelm

The material contained herein is for informational purposes only. It does not create an attorney-client relationship between Galowitz  • Olson PLLC and the reader.  By viewing our blog, the reader understands that the information herein is not offered as legal advice and should not be used as a substitute for legal advice. Readers are encouraged to consult with an attorney for questions related to a specific situation or concern.  

How to Choose a Divorce Process

Once a couple makes the very difficult decision to get divorced, the first decision that should be made is not the details of the divorce settlement, but rather the question that should first be answered is “How do we get divorced?” Discussing this question with your spouse provides you with an opportunity to choose a divorce process that meets your needs.

Finding the right divorce process is an important step toward finalizing the terms of your divorce decree, which is the legal document that needs to be signed by the court to dissolve a marriage. By not making an active decision about which process is right for you and your spouse, you could find yourself amidst a family mess fraught with tough emotions, incredible expenses, and destructive choices, asking “How did we get here?” All because “How do we go about doing this” was overlooked. No matter which process or processes are utilized, the result is the same: a court order for marriage dissolution.

The good news is multiple process options are available. Working with your spouse to jointly choose a process or processes for your divorce is important because it can set the tone for decision making over the next months, years, and for your life after your divorce is final. Recognizing that it is not uncommon for divorcing spouses to be at different stages of readiness for divorce can also be helpful when considering process options available. Whether you and your spouse jointly agree to divorce, you are the initiator or you are not the initiator, both spouses have a say in which divorce process or processes are chosen. The divorce process utilized effects how decisions are made, the relationships inside and outside your family, and the types of support you may need and can receive.

Many divorcing parties are surprised that there are several options available that provide opportunities for vastly different divorce experiences, and while divorce can be taxing even under the best most amicable circumstances, some processes can be more taxing than others – either emotionally, financially, or both. Some processes give families power and self-determination in their outcomes when figuring out what works best for their family going forward.  Other processes recognize that some families need a Judge to decide how to resolve their disputed issues. Some processes are more family-friendly and others are more adversarial.

Here are several factors to consider when thinking about which divorce process or processes may be right for you and your spouse:

• relationship dynamics

• ability to work with your spouse

• emotional capacity and bandwidth available to you and your spouse

• comfort with the spectrum of confrontation from peaceful to extremely combative

• how quickly do you want the process to be completed

• complexity of assets and liabilities to be divided

• importance of future family connections and dynamics

• finances available

• amount of control you want over the terms of your agreement

• level of professional assistance and/or guidance you want

• desired level of thoroughness and quality in your agreement

• future financial stability needs, and

• co-parenting and creating stability for your children.

Once you discern which factors are important to you and your family, ranking those factors in importance can aid in determining the divorce process or processes that may be most helpful to you and your family during this time of transition from one household to two households.

Following are descriptions of divorce processes available to you. Each approach may involve varying degrees of the factors listed above. Sometimes these processes overlap and sometimes spouses utilize multiple processes to resolve their disputes.

Kitchen Table Approach

This is the do-it-yourself method. Here, couples sit down together and decide together how to separate property, co-parent, and provide financial support if needed. Spouses represent themselves and work together to fill out the divorce paperwork using a court provided form. This is a good option if there is no real estate, children, or spousal maintenance involved. Often spouses do not realize the intricacies surrounding real estate, children, and spousal maintenance. If these issues exist, an attorney is strongly advised. The do-it-yourself divorce could create many problems in the future. However, for a short-term marriage with little to no assets or liabilities, forms are available on the Minnesota Judicial Branch website. The site also provides an overview of the divorce process in Minnesota.

Minnesota Judicial Branch - Divorce (mncourts.gov)

Mediation Approach

Mediation is a form of alternative dispute resolution that seeks to resolve disputes between parties outside of the court process. This process allows spouses to discuss conflicts in a controlled environment with an impartial neutral facilitating the discussion. In a divorce, this process may or may not be court ordered and may or may not be attorney assisted. With agreements made in mediation, you may still need an attorney to draft your mediated agreements into a proposed order, called a Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree, for the Court to review. Mediation may also be used as a tool within the other approaches to help parties reach agreements when stuck. In Minnesota, mediators are qualified neutrals. The Minnesota Supreme Court maintains a roster of qualified neutrals.

Alternative Dispute Resolution (ADR) (state.mn.us)

Collaborative Law Approach

This is a voluntary process that utilizes attorneys as advocates without going to court to resolve issues. Attorneys assist with the divorce process, provide legal advice, and protect your interests based on goals established by you and your spouse. Spouses can also work with a multidisciplinary group of professionals in a customized process based on client needs, including a blend of legal, financial, parenting, and relationship expertise. This approach limits the scope of attorney services to out-of-court problem solving. Each spouse’s attorney is trained in the collaborative approach. It is a child-centered and family friendly approach to dissolution.

Collaborative Law Institute – Resolving Disputes Respectfully - Collaborative Law Institute

Attorney Advocates as Settlement Negotiators Approach

This is the most recognized approach to divorce. Some couples assume the only way to make it through a divorce is with a traditional divorce process in which one or both of you hire an attorney to advocate on your behalf in the settlement process. If that does not lead to resolution, then the attorneys advocate for you with the commencement of a court proceeding. Here, attorneys help you navigate the divorce process, give you legal advice, and protect your interests. Attorneys can lead settlement discussions and negotiate on your behalf whether your divorce is uncontested or in a contested divorce situation. The main difference from the collaborative approach is that the scope of the attorney’s representation in this process can include utilizing the court for resolution. Attorney’s need to be skilled both in negotiation as well as handling cases in court.

Attorney Advocates as Litigators Approach

Here, couples are unable to resolve some or all the issues themselves and need a third party, i.e., a district court judge, to make divorce decisions for them. Divorce is a lawsuit where one spouse sues the other for dissolution. If spouses are unable to reach agreement, then a trial is necessary so that a judge can make property division, parenting, and financial support decisions for you. Trial is a costly solution, but sometimes unavoidable. It is important to note that even if you are in a court process or a litigious process, many counties in Minnesota will require divorcing couples to attempt alternative dispute resolution processes, such as mediation, early neutral evaluations for social and/or financial disagreements, prior to litigation.

In Minnesota, divorce is a legal process that dissolves the marriage of two parties. No matter which process or processes you use, you must file forms with the court and receive a court order from a judge in the district court in the county where one spouse is living to be legally divorced.

Galowitz Olson PLLC family law attorneys are versed in each of these processes.  We offer the full spectrum of services to meet your divorce process needs. We have qualified mediators, trained collaborative attorneys, and strong attorney advocates for negotiation and/or litigation. The attorneys at Galowitz Olson, PLLC are well qualified to provide you with the full spectrum of process options, such as:

• drafting a Judgment and Decree based on spousal agreements,

• mediating disputes to help you get unstuck,

• representing clients in a collaborative approach,

• advocating on your behalf in settlement negotiations, or

• advocating on your behalf in court.

We are happy to discuss the “how” with you as much as the “what” and assist in making these important decisions for your short-term and long-term goals. Please call or email to set up an initial, complimentary consultation if you are interested in learning more about the process options available to you.

Written by Melissa Miroslavich

The material contained herein is for informational purposes only. It does not create an attorney-client relationship between Galowitz  • Olson PLLC and the reader.  By viewing our blog, the reader understands that the information herein is not offered as legal advice and should not be used as a substitute for legal advice. Readers are encouraged to consult with an attorney for questions related to a specific situation or concern.  

New Holiday Traditions

When major life events happen, it can make the holiday season challenging. Marriages, adoptions, passing of loved ones, and divorce, each change family dynamics. One way to help your family and children navigate these life changes is to create new holiday traditions.

An easy idea that can become part of a new family tradition is to introduce a children’s book that you read together with your family. Since we collectively love to read, we thought sharing a few of our favorite holiday books and traditions might ignite new tradition possibilities for your family. Feel free to share your own with us, too.

Mr. Willowby’s Christmas Tree

by Robert Barry

Melissa loves this story and says, “This story warms my heart, and is also very relatable as my family has been known to occasionally have bigger eyes than our ceiling … Reading this story after decorating your tree while enjoying the lights makes it extra special. Maybe even add a new ornament to the tree for the occasion.”

The Perfect Tree

by Corinne Demas

Cassie thinks this is a cute story. She feels, “This book is a great reminder that even if things look a little different than expected, it is who you are with that really matters.”

How to Catch a Snowman

by Adam Wallace

Laurann thinks, “building a snowman is one of the many ways Minnesotans ‘make lemonade out of lemons’ in the long, snowy winters. This book brings a snowman to life – but not in the ‘Frosty’ style! This snowman is on the run and catching him is the fun! This book is the perfect companion to a day of playing in the snow.”

The Mitten

by Jan Brett

Tori shared, “The Mitten is one of my favorite books for the winter. It is a cute book about animals and being cozy in the cold winter snow. It is really fun for kids to make different animal sounds for each animal that comes along. That is how my family would read this book together.”

Small Walt

by Elizabeth Verdick

Small Walt is a tiny snowplow that takes on a blizzard. This might just be the book that gets everyone to shovel snow together. Maybe!

What do you celebrate? Holidays and Festivals Around the World

by Whitney Stewart and Christiane Engel

This is a delightful book that shares all the different ways cultures and people around the world celebrate together.

Why Should I Purchase Owner’s Title Insurance?

You will hear about owner’s title insurance when you prepare to close on purchasing real estate. This is one of the closing costs you will see on the financial summary documents signed on closing day. Owner’s title insurance provides coverage against third-party claims on a parcel of real estate that doesn’t appear in title searches prior to closings. Third-party claims can surface years later as liens or disputes over ownership. An owner’s title insurance policy is offered to buyers at closing.  An owner’s title insurance policy is not required by Minnesota law or by most lenders, it is completely optional. However, many closing agents will recommend it. Below is a general overview of the advantages and disadvantages of purchasing owner’s title insurance.

Advantages:

• Title insurance is a one-time charge. Your payment establishes a title insurance policy that covers financial loss from a title defect or the cost of legal actions if they are required to resolve title issues if they arise.

• Owner’s title insurance will last for as long as you own your property, even if you choose to refinance.

• The title insurance charge is determined by a small percentage of the property’s purchase price. Rate calculators are available online to provide estimates of the charge.

• Often the charge for owner’s title insurance is less than an attorney’s hourly rate. Title issues will often be much more work than a single hour for defending against the action. Hence, purchasing the policy at closing is a great value.

• Provides a sense of security that you are protected if future title issues arise. Owner’s title insurance is protection for home purchasers from financial loss due to prior title issues.

Disadvantages:

• May feel like a waste of money if the policy is never used.

• Does not protect against issues created by the new owners after purchasing the property. For example: failing to pay your property taxes. Title insurance is only for issues that may have inhibited your purchase of the property if they were known to you at the time.

Galowitz Olson, PLLC also operates as St. Croix Title and can be used as a closing agency for residential purchases and refinances. Please contact us if you are interested in learning more about title insurance or have other real estate questions.

Written by Tori Kelm

The material contained herein is for informational purposes only. It does not create an attorney-client relationship between Galowitz  • Olson PLLC and the reader.  By viewing our blog, the reader understands that the information herein is not offered as legal advice and should not be used as a substitute for legal advice. Readers are encouraged to consult with an attorney for questions related to a specific situation or concern.  

The Top 5 Estate Planning Myths We Hear from Clients

When I sit down with a new client who is looking to create or update a Will, I am prepared to hear at least one common misconception about estate planning. As with many things, TV and movies have not prepared us to understand how things work when we or a loved one passes away. We are here to guide you through the myths and misconceptions of estate planning, and make sure you and your loved ones are protected adequately.

1.       I already have a Will, so my estate won’t go through probate.

I’m starting with this one because it is – by far – the one I hear the most! It is also the most concerning, because it is completely false. In fact, almost the opposite is true: a Will is only used if there is a probate proceeding!

A Will is designed to instruct the Court on who you would like to be in charge of your assets upon death (the “Personal Representative”) and how you would like your property to be distributed. The Will is filed publicly with the Court and used as the guideline for how your estate should be managed. A Will is a beneficial document to have for many reasons, but having a Will alone does not keep your estate out of probate.  

2.       I’m single without kids, I don’t need an estate plan.

I understand why someone would think this – who needs to worry about an estate plan when there is no spouse or kids to “take care of” upon passing? In reality, the opposite is generally true. In our experience, those who are unmarried and/or do not have kids typically have the greatest need for estate planning. Without an estate plan, the law will supply the rules to determine (1) who has authority to consent to or refuse medical care on your behalf; (2) who has authority to apply to be your guardian or manage your finances; and (3) who receives your assets upon death.

            So, even if you have a long-term partner or someone who is a child-figure in your life, the law will not recognize them as having authority to act on your behalf during incapacity or receive your assets upon death. An estate plan effectively states your wishes for who you would want to take care of you during incapacity and ensure the people you love receive your assets upon death.

3.       I am not rich enough for an estate plan. I am definitely not rich enough to need a Trust!

We hear this one a lot – especially when we talk about setting up revocable living trusts for clients. Many of our clients associate trusts with multimillionaires who want to establish trust funds for future generations. While some of our clients are in that group, the majority are not.

The truth is, everyone, at all levels of wealth, can benefit from estate planning. Estate planning is not just about tax savings, it also ensures you are taken care of during incapacity. This is something we all need, not just those in the top income level.

Additionally, if you own any real estate at all (regardless of the mortgage balance), a probate will be needed to settle your estate absent proper estate planning. Probate is much more costly than creating an estate plan – usually at least three times more expensive! We have seen many clients who die without much money, only to see the money dissipated by the high costs of probate and after-death expenses. It is a sad scenario which can be avoided by proper planning.  

4.       I don’t need a lawyer to draft these documents.

This one, frankly, is actually kind of true. Many of these types of documents can be found online. You simply put in your information, and a Will is generated! While these documents might be technically legal (that is, if they are witnessed, signed, and notarized as required), that does not mean they will meet your estate planning goals (remember Myth #1).

Our goal is to be translators of your needs and wishes: we explain how the process works, you tell us what you want, and we translate that into the language that the law recognizes. On several occasions, clients have come into the office with a copy of a Will they printed online and signed at home in front of a few friends. Often, the Will is legally valid, but the clients admit they do not know what it means or how it will be used. They do not know whether this takes the place of a power of attorney, or how this interacts with the beneficiaries listed on their retirement accounts. I cannot remember a single time where a client who previously had a “homemade” Will expressed regret about getting professional guidance. These matters are just too precious to be made without proper knowledge of the legal processes at play.

5.       I’m too young to need an estate plan.

Estate planning is not on the mind of many young people – and for good reason. Hopefully, young people do not need to consider what happens to their property upon death for a long, long time. However, estate planning is not just limited to planning for death. Accidents can happen at any time, and having a power of attorney and healthcare directive in place will ensure that our loved ones are protected. Many parents assume that they would still be able to make healthcare decisions for their young-adult children, for example. This is not the case. For this reason, we often recommend healthcare directives for college-aged kids and unmarried young adults.

Parents with young kids also can greatly benefit from estate planning. It gives great peace of mind to parents to give guidance on who should care for their children if something were to happen to them. Estate planning also ensures money is held for the kids’ benefit in the way the parents instructed. We hope these instructions are never needed, but parents can rest assured that they have made their wishes known in the worst-case scenario.

Our estate planning attorneys are licensed in both Minnesota and Wisconsin. We would be happy to assist you in answering your estate planning questions and creating a plan that is tailored to your family’s needs.

Written by Laurann J. Kirschner

The material contained herein is for informational purposes only. It does not create an attorney-client relationship between Galowitz  • Olson PLLC and the reader.  By viewing our blog, the reader understands that the information herein is not offered as legal advice and should not be used as a substitute for legal advice. Readers are encouraged to consult with an attorney for questions related to a specific situation or concern.  

Can’t agree on where your child will attend school in the fall?

Can’t agree on where your child will attend school in the fall? In Minnesota, school choice falls under the umbrella of legal custody, so if you and your co-parent share joint legal custody the decision on where your child attends school needs to be agreed upon by the two of you.

If you can’t agree, you will need to involve the Court to make a decision for you. Keep in mind that the Judge will likely order you and your co-parent to attend mediation to attempt to resolve the dispute outside of court first.

At court, the Judge will look at what is in the best interest of the child(ren). When making a decision, the Judge will look at all relevant factors, including those laid out in Minnesota Statute Section 518.17 Subd. 1

1)      a child’s physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child’s needs and development;

2)      any special medical, mental health, or educational needs that the child may require special parenting arrangements or access to recommended services;

3)      the reasonable preference of the child, if the court deems the child to be sufficient ability, age, and maturity to express an independent, reliable preference;

4)      whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs;

5)      any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs;

6)      the history and nature of each parent’s participation in providing care for the child;

7)      the willingness and ability of each parent to provide ongoing care for the child; to meet the child’s ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time;

8)      the effect on the child’s well-being and development of changes to home, school, and community;

9)      the effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child’s life;

10)   the benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent;

11)   except in cases in which domestic abuse as described in clause (4) has occurred, the disposition of each parent to support the child’s relationship with the other parent and to encourage and permit frequent and continuing contact between the child and the other parent; and

12)   the willingness and ability of parents to cooperate in the rearing of their child; to maximize sharing information and minimize the exposure of the child to parental conflict; and to utilize methods for resolving disputes regarding any major decision concerning the life of the child.

Remember to consider the practical implications of moving schools, including but not limited to: the rating of the school, how far away the school is from each parent, and the availability of extracurriculars and other programs for the child(ren). 

It is important to remember that scheduling and attending mediation and then subsequently going to court, all take time. The court has up to 90 days to issue a decision after hearing arguments, so early and purposeful resolution is key. Make sure you are looking ahead at how this will impact not just the next school year, but those to come.

Please keep in mind that every case is unique and it is always helpful to consult with an attorney about your individual situation.

Written by Cassandra L. Suchomel

The material contained herein is for informational purposes only. It does not create an attorney-client relationship between Galowitz  • Olson PLLC and the reader.  By viewing our blog, the reader understands that the information herein is not offered as legal advice and should not be used as a substitute for legal advice. Readers are encouraged to consult with an attorney for questions related to a specific situation or concern.