In the category of family law attorneys, most people envision divorce attorneys who settle custody, alimony, and other similar areas of family law. However, the scope of family law includes a wide range of legal issues facing both married and single individuals, and those who have lost a spouse.
Individuals whose spouse has passed away, particularly those with children or those with complex estate issues, are one category of individuals who greatly benefit from the services of a family law attorney.
In these cases, a family law attorney can assist with re-ordering their affairs to ensure their assets are properly assigned in the absence of their spouse. Within this group, those who can significantly benefit from family law assistance include older individuals, those with significant assets, or those requiring guidance on estate planning and guardianship.
Learn more about how a family law attorney in Baltimore can help you achieve long-term success after the loss of your spouse or partner.
How Can Those Who are Widowed Benefit from a Family Attorney?
The loss of a spouse or partner is overwhelming and makes it far more difficult to make even everyday decisions. Unfortunately, those who have lost a spouse or partner through death have many very important and often challenging decisions to make in the wake of their loss.
A family law attorney can ease some of the burdens, clarifying those issues that need attention, prioritizing and establishing an outline for accomplishing the tasks, and most importantly, providing guidance on all of the available options.
In addition to these difficulties facing the surviving spouse, their former spouse’s family may create more undue burdens with requests, or demands, that may be better managed with the professional assistance of an attorney.
Family Law Focus Areas
Although a large portion of family law does focus on divorce and the associated issues, many family law attorneys also assist in a variety of other family law areas. Often, some of these areas also apply to those who have lost a spouse:
Asset Division and Beneficiaries
When a couple marries, they are legally joined in a manner that includes the other spouse in the event of determining asset division; particularly as a beneficiary.
However, when one spouse passes away, the living partner must reassign new beneficiaries to their accounts. Dividing assets after the loss of a spouse can be a complex matter, especially if multiple children or close family members (such as siblings) are involved.
Family law attorneys can assist those who have been widowed with aligning their financial accounts in a manner that allocates their assets to the intended recipients upon their death, rather than having their money and possessions be relinquished to the estate, subject to probate.
Estate Planning
The family home is a primary asset that must have an assigned beneficiary. However, a residence is only one part of estate planning. The surviving spouse should seek legal guidance to amend all areas of their estate. Changes to the estate may include:
- Naming a guardian for minor children
- Establishing trusts or other methods of holding funds
- Minimizing taxes
- Arranging life insurance and potential disability income
Estate planning should be considered for all areas surrounding ownership and division of assets. Surviving family members should have clear instructions regarding the processing of the estate and assets.
Guardianship
If the deceased spouse was the primary caregiver for a minor child or a disabled child (minor or adult), they may have assumed their spouse would become the caregiver for that individual in their absence.
However, the surviving spouse should establish a new plan for guardianship to assign the current caregiver, whether they accept the responsibility or appoint another person, and also, name a guardian for future care upon the death of the current provider.
Similarly, the surviving caregiver may establish a determination of who is permitted to provide care of the charge in the absence of the appointed guardian.
Custody and Visitation
While custody often becomes less complicated in cases of a sole parent, a family attorney may be necessary if the surviving parent’s capacity to provide care is contested.
Custody and visitation can be challenged by surviving grandparents, siblings, etc. An attorney experienced in family law should be consulted immediately in any situation that challenges parental rights.
Trust Milstein Siegel
If your spouse has passed away, the period of time following can be challenging financially, emotionally, and legally. The services of a family law attorney can be invaluable at this time, and can clarify what steps to take and how to approach them.
The attorneys at Milstein Siegel will respectfully assist you with issues including asset division and custody challenges after the death of a spouse. Contact Milstein Siegel to schedule a consultation.
