The Pellegrino Law Firm P.C.The Pellegrino Law Firm P.C.2024-03-25T11:45:55Zhttps://www.pellegrinolawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1400849/2020/09/cropped-Favicon-32x32.pngOn Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=479422024-03-25T11:45:55Z2024-03-25T11:45:55ZPrioritize clear and structured communication
Establishing clear and structured communication channels can significantly reduce conflict when dealing with a combative ex-partner. Opt for written communication through emails or co-parenting apps, which allows for thoughtful responses and provides a record of exchanges.
Specify discussion topics in advance when possible, stick to facts and avoid engaging in personal attacks or defensive language. This approach helps keep conversations focused on the children's needs and reduces the opportunity for combative interactions.
Set boundaries and legal parameters
Setting clear boundaries is crucial in managing a relationship with a combative ex. Based on legal agreements or mutual understanding, determine what topics are open for discussion and which decisions fall under each parent's jurisdiction. Sometimes, it may be necessary to revisit legal custody arrangements to establish boundaries that protect the children's interests and minimize conflict.
Focus on the children's best interests
Keep the children's best interests at the forefront in every interaction and decision. This focus can serve as a guiding principle for navigating difficult conversations and making compromises. Remember, the goal is to provide a stable and loving environment for the children despite the challenges in the parental relationship.
A solid parenting plan can bolster the chance of avoiding conflicts, which can benefit the children since they won’t have to listen to their parents argue as frequently. Having a legal representative to assist with the development of your parenting plan can be beneficial because you’ll want to make sure that all relevant topics are covered and enforceable so that everyone is on the same foundational page.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=479402024-02-22T19:39:49Z2024-02-22T19:39:49ZThe state assumes joint custody is best
According to Connecticut state statutes, all custody decisions should prioritize the best interests of the children. The law even establishes a presumption that joint custody is what is best for the children. A parent seeking sole custody needs compelling evidence to overcome that presumption. Abuse, neglect and an inability to functionally parent could all impact the court's custody decisions.
Documenting significant incidents of domestic violence can help someone protect their children from a volatile parent. Medical records of injuries sustained due to neglect and possibly even witness testimony could help establish that the children may not be safe in the home of one parent. Proof of an unstable home environment or other dangers, such as evidence of serious addiction issues, is usually necessary to prevail during custody litigation.
A parent seeking sole custody usually either needs the cooperation of the other parent or very compelling evidence to overcome the statutory presumption that joint custody is best for the children. Those who seek sole custody without proper evidence or justification might actually put themselves at risk of a less favorable custody outcome, as judges may view that as a sign that a parent cannot put the best interests of the children first. Many parents find ways to make joint custody work for them. They communicate through parenting apps and put together thorough parenting plans that help minimize conflict.
Regardless of a parent’s situation, understanding what the courts prioritize during custody litigation may help them obtain the best outcome on behalf of their kids.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=479382024-01-25T14:14:16Z2024-01-25T14:14:16ZProtection from emergencies
One of the most compelling reasons to create an estate plan is how vulnerable an individual is without one. An estate plan can include advance medical directives and powers of attorney. Those documents have power if someone experiences a personal emergency. Younger adults are less likely to have married and therefore do not have a spouse to speak on their behalf or access their financial accounts. Their parents likely lost the authority to do so when they turned 18. Therefore, estate planning in early adulthood is beneficial for those who may experience an emergency ranging from a car crash to a crime at work that puts them in a coma.
Control over one's legacy
Those just starting out in their careers likely do not have extensive personal resources accumulated yet. However, what assets they do have might have significant value to them and also to their closest loved ones. Unmarried romantic partners, roommates and close friends could all become beneficiaries in someone's estate plan. People can leave resources for the people they care about with an estate plan. Otherwise, whatever property they own when they die could likely pass solely to their parents under intestate succession laws.
Protection for dependents
Those who have children want to ensure the comfort and well-being of their dependent loved ones if anything should happen to them. An estate plan can include a will that means a guardian for one's children. Living documents like powers of attorney can also help ensure there is someone the testator trusts to pay their bills or make their health care decisions in an emergency so that their household isn't thrown into a state of utter chaos.
People at any stage of their adult life may benefit from the creation of a thorough estate plan. Taking the time to create an estate plan can be as important for those who have just started their adult lives as it is for those who are close to the age of retirement.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=479362023-12-27T13:18:47Z2023-12-27T13:17:53ZThey don't update insurance paperwork
Life insurance can protect the people dependent on an individual. It can also be one of the most valuable aspects of someone's estate plan. A life insurance policy could pay off someone's mortgage and their student loans. It could help provide financial support for their minor children until they become adults.
Often, people name their spouses as the beneficiary of their life insurance policy. They may then overlook the need to update their life insurance when they modify other estate planning documents during a divorce. Life insurance payouts do not reflect the terms set in someone's will but rather the beneficiary designation documents filed with the insurance company.
If the documents do not include the same terms, the paperwork filed with the insurance company determines who receives the life insurance payout after someone's death. Therefore, in addition to updating wills, trusts and other estate planning documents, people also need to file updated beneficiary designation forms with their life insurance providers.
Those who overlook this step may not be able to protect their closest loved ones as well as they hope to if they die before their former spouse. This is just one of the ways in which identifying common estate planning oversights can help testators to avoid making consequential mistakes.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=477242023-11-22T22:52:25Z2023-11-22T22:52:25ZLitigation isn't necessary but can help at times
It is natural for those who own or help operate a business to worry that a lawsuit could cause reputation damage or unnecessary expenses for the company. Both the risk of negative publicity and the expense involved in going to trial could serve as strong deterrents against relying on the civil courts to enforce a contract after a material breach.
Executives and business owners may worry that it may seem unnecessarily aggressive to take a former worker, a supplier or a non-paying customer to court. They would rather resolve things amicably. Occasionally, sending a written notice about a contract breach can resolve a dispute. A former employee unfairly competing with a business or a client who has refused to pay may change their conduct when they receive a warning letter.
Many times, however, those who have flagrantly violated a contract will not stop doing so just because they received a warning notice. A business may need to follow an advisory letter with a legal filing. Initiating a lawsuit can put pressure on the other party to take the matter seriously. It is very likely that the matter would not end up going to trial.
Approximately 95% of all lawsuits filed in the United States, including a substantial majority of business lawsuits, end up settling or getting dismissed before going to trial. Filing a lawsuit is often a way to push negotiations forward. The other party may agree to compromise or have a sit-down meeting when they have previously refused if they recognize that they might soon have to answer for their actions or omissions in open court.
Even if the matter does go to trial, judges can award plaintiffs damages that can make the expense involved worthwhile. Additionally, most businesses, clients and prospective future employees recognize that enforcing contracts is sometimes necessary for the protection of a business.
Overcoming the very common aversion to litigation that many people feel may lead to a better resolution for a business contract dispute, depending on a company’s unique circumstances and goals for any given situation at hand.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=477222023-10-25T13:26:36Z2023-10-25T13:26:36ZRetirement savings are often subject to division
The Connecticut family courts expect couples to fairly or equitably divide their marital property. The courts will care less about whose name is on an account or ownership paperwork and more about when people made contributions to the savings account in question. Even if someone had begun funding their retirement account prior to marriage, the contributions to the account during the marriage are likely subject to division. There are ways for people to factor in the value of a retirement account without automatically trying to split it with their spouse. Other assets can potentially offset the value of the retirement account during a Connecticut divorce.
However, if people do need to divide their retirement accounts during the divorce, it is possible to do so without incurring massive taxes and penalties. One of the lawyers will draft a qualified domestic relations order (QDRO). After court approval and properly filing with the professional or business managing the retirement account, the QDRO will allow couples to move a certain percentage of the existing account's balance into a second account without losing any of the value to taxes and penalties.
The early withdrawal penalty for many retirement tax accounts can be 10% of the amount withdrawn. Therefore, avoiding those taxes is often in the best interests of those worried about their financial stability after divorce and during their retirement years. In scenarios where someone's retirement savings are of particular value to them, possibly because they are older than their spouse, they may be able to negotiate a settlement that allows them to retain their retirement savings mutual agreement with their spouse.
Ultimately, seeking legal guidance to better understand which assets are subject to division during a Connecticut divorce – and why – can help individual spouses to make thoughtful, strategic decisions about their circumstances.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=477192023-09-22T18:20:45Z2023-09-22T18:20:45ZFinancial management of specific resources
Tenants at a property depend on their landlord to keep the mortgage and other financial obligations for the property current. They will submit rental payments every month that the landlord will apply toward the mortgage and other basic costs, like property taxes. The average landlord can benefit from drafting power of attorney paperwork to ensure someone can perform those tasks if they cannot. Powers of attorney allow someone to name an agent they trust to manage their financial affairs. The agent selected by a landlord can collect rent from tenants, pay loans secured by properties and even manage repairs and other necessary transactions when a landlord becomes incapacitated.
Distribution of real property
Landlords, like anyone else, might live long and healthy lives or experience some kind of emergency that leads to premature death. The real property that they have acquired will need to pass to other people after a landlord dies. Given that they do not inhabit the home themselves, clear testamentary documents outlining who should inherit the property will usually be crucial to ensure the appropriate descent of investment property after someone's passing.
Anyone starting out in the residential rental market will likely want to consider creating or revisiting their estate plans to optimize their personal protection. Having the right inclusions in estate plans can give people greater peace of mind throughout their lives regardless of their personal financial circumstances.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=477072023-09-06T23:24:11Z2023-09-05T23:22:36ZFamily estrangement and estate planning
Difficulties between family members can take many forms, with estrangement being one of the more extreme. Estrangement involves a family member cutting off contact with others. Attempts to reconcile can prove fruitless, creating complexities with estate plans. Now, issues may arise where someone sees the distribution of assets during probate as inequitable.
When a family member becomes estranged, it may create complications for the estate planner who has no plans to distribute assets equitably. For instance, if one child has remained close to the parents while the other has cut ties, the former child may inherit a larger portion, or even all, of the estate's assets. The outcome can potentially lead to conflicts between the siblings as the latter may feel unfairly treated, irrespective of the circumstances.
Dealing with the situation
The fallout from a relative being unhappy with a will can result in their contesting during probate. However, they might not have any solid grounds to make their claim. The document would likely stand if fraud and other underhand matters did not move the estate planner to leave them out of the will. Still, the estate planning decisions can lead to ill will between the surviving relatives.
One way to deal with the conflict is not to allow the results to be a surprise. Communication might be necessary even when there is strife and estrangement between family members. Informing a relative they won’t receive anything may make things less stressful for everyone when probate commences.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=477052023-08-07T22:28:22Z2023-08-07T22:28:22ZExplaining spendthrift trusts
A trust is a legal entity that holds and distributes assets according to the owner's wishes. A spendthrift trust works like other trusts in that it involves grantors, beneficiaries and trustees.
Why people create a spendthrift trust
Spendthrift trusts contain clauses and provisions set forth by grantors. Most people use a spendthrift trust to control how beneficiaries receive their assets. For instance, you might have beneficiaries who aren't good with money. Spendthrift trusts are also helpful for people with mental development issues. A spendthrift trust sends beneficiaries payments on your terms, helping them prevent running out of money or spending it all at once.
Another reason a spendthrift trust is excellent for estate planning is that it protects a beneficiary from creditors. Since a trust owns the assets inside of it, most creditors can't gain access to these funds. Instead, the trust continues distributing assets to beneficiaries on your terms.
Creating a spendthrift trust
As a trust's grantor, you control the distribution rules of this account. Some people might allow beneficiaries to receive larger payments for certain events, such as serious medical events. Besides setting your terms, setting up spendthrift trusts is similar to creating general trusts.
You don't need to be a millionaire or billionaire to benefit from setting up a trust. A spendthrift trust gives you peace of mind for beneficiaries who, for whatever reason, can't properly handle large sums of assets.]]>On Behalf of The Pellegrino Law Firm P.C.https://www.pellegrinolawfirm.com/?p=477022023-07-06T02:08:26Z2023-07-06T02:08:26ZOlder couples are especially vulnerable to financial infidelity
Many people think that the older they are, the more difficult it is to hide financial infidelity. However, a recent study indicated that the rates of financial infidelity among youngest and older couples leading to divorce are relatively the same. Deception is at the core of financial infidelity. It's a set of secretive and purposely acts of spending money, holding funds, borrowing money, incurring debt or otherwise engaging in financial dealing unbeknownst to one's spouse. It can also include one spouse making unilateral financial decisions without the other spouse's knowledge, negatively affecting the relationship.
The problem is small in the beginning
Financial infidelity usually begins in a small way and is usually a symptom of something bigger. Personality traits, low level of consciousness or power imbalances in a relationship can contribute to it. It's also more common than you think, with up to 85% of couples saying some form of financial infidelity affected their relationship.
Financial infidelity can affect property distribution
Financial infidelity can ultimately affect your divorce agreement, as you may not have the assets that you thought you had. It can also add to the stress of an already tentative situation. If you believe that your spouse continues to deceive you financially, it may be in your best interests to protect yourself before the divorce is finalized. Working with a financial planner is one way to help protect your assets and plan for your financial situation after the decree is signed.
Sometimes financial infidelity becomes apparent once couples are well into the divorce process. In these cases, you may have to change course and fight differently for your rights and those of your children. Divorce agreements can be changed after the final decrees if you prove that financial deception may have occurred.]]>