Ryan K. Bonner, Esq., Attorney at Law

You're a smart person and decided to get your will completed. You made appropriate provisions for your loved ones, especially your kids. You thoughtfully decided your choice as the Guardian of your children should you and their other parent both die before they turn 18. Your kids are covered, right? Well... When you name a Guardian for your kids in your will, he/she does not automatically become Guardian if/when your kids become orphaned. He/she will still need to go to court... to get officially appointed, and it could be opposed by someone who thinks that either the person you named is not fit or that someone else is more fit to be Guardian. Now what happens? Unfortunately, in this situation, the person you named will have to battle it out in court - expensively - to be appointed Guardian. If you have not authorized the Executor in your will to provide financial assistance to the Guardian in order to be appointed, then you risk that person not becoming Guardian of your kids if he/she cannot afford the litigation or refuses to pay for it. This situation can especially happen between estranged family members who think the person you named is not the best choice as Guardian for your kids. Therefore, if there is any discord between members your family, between your family and your in-laws, or between your family and your proposed Guardian, then you would be smart to include language in your will permitting your Executor to provide financial assistance to your Guardian to assist in gaining that appointment. Like this post if the last thing you need is more drama after you die.

Living trusts are the popular trend in estate planning today. People have living trusts created to hold their assets so that when they die, the assets are not subject to probate and no estate needs to be opened. However, if you retain control over the assets in the trust, then those assets are still included in your taxable estate, regardless of probate status. For example, if you re-title your home in the name of the trust, but you still live there, then your estate will sti...ll owe inheritance tax on the home when you die even though it is not a probate asset. Also, you may be told that a living trust is a good way to avoid probate fees. However, in Mercer County (and most everywhere in PA) probate fees are minimal, and substantially less than the cost of creating the trust itself. You may be told that avoiding probate will reduce your attorney's fees during the administration of the estate. That sounds great, but most attorney's base their fees on the size of the taxable estate, not the probate estate, so no savings there. The lesson to be learned here is that before you pay big money to have a living trust set up to hold your assets, inquire as to what financial benefits the trust will actually provide your estate. In some cases, marital trusts, QTIP trusts, etc., they can be beneficial. But, in most cases, they are unnecessary. Like this post if you would rather not buy something you do not need.

If you find yourself involved in a child support matter, you may hear that there is no need to hire a lawyer as it is all determined from a chart. Is that true? Yes and no. If you plan on representing yourself at a support hearing, remember these 5 tips: ~1. The place where the children spend their NIGHTS are important, not their days. ~2. W-2s and Tax Returns are important, but so is the most recent pay stub. If the other party received a raise it will not be reflected in th...e most recent W-2 or Tax Return. Always request pay stubs. ~3. Have the hearing officer call your opponent's employer to verify work hours and pay. Never rely on oral testimony or documents you feel are not accurate. ~4. Take proof of child care expenses and out of pocket medical expenses with you. If child care expenses are about to change, get the expected change in writing from the provider. These expenses are part of the support formula but they may not be included without proof. ~5. If your opponent does not have a job, argue that (s)he should be held to the earning capacity of the last job held. No job is not a bar to paying support. It is always best to have an experienced attorney with you at the support hearing as mistakes are often made. However, if you decide to represent yourself, remembering these 5 tips will help you get a better result. Like this post if you wish people would live up to their obligations.

You took the day off yesterday to go the Pirates season opener. You celebrated the thrilling 10-inning victory a little more than you should have and got popped for DUI on the way home. Since it's your first offense the officer tells you, "don't worry, you'll get ARD." What does that mean? ARD ("Accelerated Rehabilitative Disposition") is a way for the justice system to punish you for what you did without it showing up on your criminal record. If you get ARD you will give up ...your right to a trial, voluntarily submit to probation-like treatment and sanctions, and promise not to get in trouble while on ARD. If you comply with all of the conditions of ARD and do not get in trouble during your ARD term, then your DUI case will be dropped and your record will remain clean. In addition to the benefit of not being convicted of DUI and maintaining a clean criminal record, some other positives of ARD include: ~1. License suspension is for significantly less time than if convicted of DUI. ~2. No incarceration period, unlike if you are convicted of DUI. ~3. No fines, unlike the large fines incurred for DUI convictions. Drawbacks to ARD include: ~1. Being on probation for a year in most cases, vs. 6 months for DUI. ~2. Giving up your right to a trial. ~3. In very limited circumstances your license may be suspended when it would not be for a DUI conviction. Mistakes do happen. If you happen to make this one, get your attorney's opinion regarding whether ARD is right for you. In most cases it will be, but the final decision is always yours. Like this post if you agree that mistakes can happen to anyone.

Divorce is one of the worst things a person can experience. It is gut-wrenching for all involved. But for some, it's the only way out. How do you know if it's for you? Below are some tips for those considering divorce: ~1. Don't do it. Divorce is lengthy, expensive, and emotionally draining. The family rifts caused by divorce are never fully repaired. Exercise all options before filing for divorce. Don't forget, you married this person for a reason. Think of those reasons, th...e good times you enjoyed, and ways to make those good times happen again. Divorce should only be used as a last resort. ~2. Emotion clouds judgment. Divorce is a highly emotional, highly stressful event. It is easy to let your emotions dictate decisions. That almost never ends well and can complicate matters needlessly and to your detriment. It could also drive up your costs significantly. Find a rational, calm attorney who can offer you sound legal advice. Then heed that advice. ~3. Expect to lose. I've had clients who took nearly everything in the divorce, but if you asked them they would tell you that the divorce was the worst experience of their lives and they would never wish it on their worst enemy. No one comes out ahead in a divorce. Both sides walk away feeling as if they've lost. If you or someone you know is considering a divorce, try everything you can to save the marriage. That way, you'll never have to question whether the divorce was the right thing, which will give you peace and make the divorce process a little less awful. Like this post if you agree family is worth fighting for.