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Standards Of Proof In Contested Adoptions

01/30/2024 The Irving Law Firm

Standards Of Proof In Contested Adoptions
While Circuit Courts in Virginia have long had the authority to grant an adoption without the Consents of the Birth Parents of the child, in 1995 the General Assembly adopted Section 63.2-1205 of the Code of Virginia, which establishes standards of proof which the Court is directed to consider in ma...

Attachment & Bonding

01/30/2024 The Irving Law Firm

Attachment & Bonding
The terms “attachment” and “bonding” are often confused. Attachment refers to a child’s emotional connection to caregivers. Bonding refers to the caregivers’ feelings and connection to the child. Both are relevant under 63.2-1205, but attachment is of primary concern as it relates more d...

The Home Study Requirements

01/30/2024 The Irving Law Firm

The Home Study Requirements
In Copeland v. Todd, the Supreme Court of Virginia pointed out that the standards of proof in contested adoption cases must be read along with eight other factors which the Department of Social Services, or private agency, must investigate and report upon pursuant to Code Section 63.2-1208.Factors R...

Doe v. Doe

01/30/2024 The Irving Law Firm

Doe v. Doe
In the important 2011 case of Copeland v. Todd, the Supreme Court of Virginia upheld the constitutionality of Section 63.2-1205 of the Code of Virginia, which sets out the standards which a court must consider in making the determination that the consents of birth parents to a proposed adoption are...

The Detriment Requirement

01/30/2024 The Irving Law Firm

The Detriment Requirement
Published On: February 9, 2018When Section 63.2-1205 was enacted in 1995, it included language requiring the trial court to consider whether failure to grant the Petition for Adoption would be detrimental to the child. In 2006, the General Assembly removed this language from the statute, and substit...

The Catch All Language

01/30/2024 The Irving Law Firm

The Catch All Language
Published On: February 23, 2018The Standards of Proof which a Court must consider in granting an Adoption without the Consent of a birth parent includes standard “catch all” language.That is to say, that a Court may consider all relevant evidence on the issue of the best interests of the child,...

Fighting For Your Child - An Adoption Story

01/30/2024 The Irving Law Firm

Fighting For Your Child - An Adoption Story
How long would you fight for your child? …days, weeks, months, years? How much money would you spend in your battle to protect your child? …hundreds, thousands, tens of thousands? Many people have had to argue over custody issues when families dissolve, but what if your ex fled the state and tri...

Dealing with Divorce

01/30/2024 The Irving Law Firm

Dealing with Divorce
“Mike, we need to talk,” Kate said as soon as Mike walked in the door.“What now, Kate?” He replied in a resigned voice.“Look, I don’t want to fight. This isn’t about us; it’s about Charlie,” Kate explained.Looking wary, Mike cautiously asked, “What about Charlie?”“Mike, she...

What Is The Difference Between Legal Separation and Divorce

01/30/2024 The Irving Law Firm

What Is The Difference Between Legal Separation and Divorce
If you’re at the point in your marriage that you’re considering taking some time off from your spouse, you may be wondering “What is the difference between legal separation and divorce?”First, a caveat: this article should in no way be considered legal advice. You will need to speak to a div...

How Do You Get A Legal Separation in Virginia?

01/30/2024 The Irving Law Firm

How Do You Get A Legal Separation in Virginia?
Are you thinking of separating from your spouse? Are you wondering, “How do you get a legal separation?”Read below for more information on how to get a legal separation in Virginia.Understanding Legal SeparationThere’s some confusion in Virginia regarding legal separation and it truly is wise...

What Is Divorce From Bed and Board?

01/30/2024 The Irving Law Firm

What Is Divorce From Bed and Board?
Divorce can be a bit different in Virginia than in other states. You may have been learning about the process of a divorce and you may have wondered, “What is a ‘divorce from bed and board’”?Keep reading to learn more about divorce from bed and board and what you need to know.Understanding D...

The First Standard

01/30/2024 The Irving Law Firm

The First Standard
The first of the eight standards of proof which a court is required to consider prior to determining whether the consents of birth parents to a proposed adoption are being withheld contrary to the best interests of the child is stated as follows: “The birth parent’s efforts to obtain or maintain...

Protecting Your Elderly Loved Ones

01/30/2024 The Irving Law Firm

Protecting Your Elderly Loved Ones
First it was losing the car keys…. Then it was forgetting the grandkids’ names.When to step in to protect your parents or other loved ones.There must be millions of missing car keys across America. Who hasn’t had a parent, aunt, neighbor, cousin, or spouse that just can’t ever find their key...

Motions to Reconsider

01/30/2024 The Irving Law Firm

Motions to Reconsider
The Department of Public Safety and Homeland Security, through Secretary Brian Moran, has encouraged prosecutors and judges to reconsider sentences for those incarcerated in local and regional jails. To this end, the attorneys at the Irving Law Firm, P.C., have been working to serve the community by...

Updates To Virginia Criminal & Traffic Laws 2020

01/30/2024 The Irving Law Firm

Updates To Virginia Criminal & Traffic Laws 2020
More than 1,200 bills cleared the legislature, and were signed by Gov. Ralph Northam, with most taking effect Wednesday, July 1, 2020.Some of the most notable updates affecting criminal and traffic laws include, but are not limited to:Driver’s License Suspensions:Drivers will no longer have their...

The Constitutional Rights Of Birth Parents

01/30/2024 The Irving Law Firm

The Constitutional Rights Of Birth Parents
The Constitutional Rights of Birth Parents are extremely important. Parental Rights are recognized as fundamental rights under the Due Process Clause of the 14th Amendment to the United State Constitution. Whenever a Court must consider whether the best interests of a child require an adoption which...

Early Release From Prison In Virginia

01/30/2024 The Irving Law Firm

Early Release From Prison In Virginia
Virginia Passes Law To Release People From Prison: Conditions And Exceptions ApplyIn response to COVID-19, Virginia passed a law allowing the release of people in custody of the Department of Corrections (DOC). While this budget amendment does allow for the release of additional people from DOC duri...

econstruct Inc. Launches New Website

01/30/2024 econstruct Inc.

econstruct Inc. proudly unveils its new website, a testament to its commitment to innovation, transparency, and excellence in construction. With eight strategically located offices to serve Los Angeles, econstruct Inc. emerges as a construction powerhouse dedicated to transforming visions into reali...

Do You Need A Trust To Protect Your Property?

01/30/2024 Weiner Law

Do You Need A Trust To Protect Your Property?
Creating a trust is crucial to financial planning and asset protection. There are two common types – revocable and irrevocable. As the name suggests, they differ in nature, but once the grantor or the owner of the trust dies or becomes incapacitated, the trust cannot be changed or revoked anymore....

Protect Your Children’s Inheritance From Creditors & Lawsuits

01/30/2024 Weiner Law

Protect Your Children’s Inheritance From Creditors & Lawsuits
When you plan for your children’s financial future, you may worry about how to protect their inheritance from creditors and lawsuits. You have worked hard to build a legacy for them, and you must ensure it will be safe once you’re gone and they acquire it. Fortunately, there are steps you can ta...

Why Funding Your Trust Is Critical To Its Success

01/30/2024 Weiner Law

Why Funding Your Trust Is Critical To Its Success
Funding your trust may be overlooked but it’s the most vital step when setting it up. It is a process of transferring the ownership of your assets from your name to the trust’s name. Forgetting to do this is one of the reasons why trust fails. To ensure its success, consult trust lawyers so they...

What Is The Difference Between A Trust & A Will In Estate Planning?

01/30/2024 Weiner Law

What Is The Difference Between A Trust & A Will In Estate Planning?
There’s a common misconception that the revocable trust and last will of testament are the same thing. However, there are key differences that separate the two estate planning vehicles. A revocable trust, also known as a living trust, can be amended or revoked at any time when the grantor, the per...

What Happens If My Elderly Parent Leaves All Her Money To Her Caregiver?

01/30/2024 Weiner Law

What Happens If My Elderly Parent Leaves All Her Money To Her Caregiver?
The holidays are upon us, which means that families everywhere are preparing to travel to spend quality time with their aging parents. With families spread to the far reaches of the country, in-person visits tend to reveal far more about mom or dad’s day-to-day life and the people who have become...

Will Your Family Have To Pay Tax On Their Inheritance?

01/30/2024 Weiner Law

Will Your Family Have To Pay Tax On Their Inheritance?
A frequent question we often receive is whether our client’s loved ones will have to pay taxes on their inheritance. In several states, an inheritance tax is imposed by the state. Sometimes, the threshold is as low as one million dollars, meaning that anything you leave behind in addition to that...

Will Your Family Have To Pay Tax On Their Inheritance?

01/30/2024 Weiner Law

Will Your Family Have To Pay Tax On Their Inheritance?
A frequent question we often receive is whether our client’s loved ones will have to pay taxes on their inheritance. In several states, an inheritance tax is imposed by the state. Sometimes, the threshold is as low as one million dollars, meaning that anything you leave behind in addition to that...

Guardianship – What To Do If You Have Minor Children

01/30/2024 Weiner Law

Guardianship – What To Do If You Have Minor Children
When you have minor children you start to have to consider things you might have ignored in the past. Like, what will happen to your family and things should something unexpectedly happen to you. As a parent, I often think about how to protect my children. And I think most parents do. But sometimes...

Do You Need A Revocable Trust Or An Irrevocable Trust?

01/30/2024 Weiner Law

Do You Need A Revocable Trust Or An Irrevocable Trust?
Many people in California need to create a revocable trust if they want their family to avoid having to deal with the California probate process. A revocable trust can also be used to ensure that the inheritance you leave behind will not be lost if your children get sued or divorced.Using An Irrevoc...

What If I Don’t Know What I Need?

01/30/2024 Weiner Law

What If I Don’t Know What I Need?
People often tell me that they can’t get started with their estate plan because they don’t know what the plan should entail i.e. whether it should just be a will, or also a trust, what kind of trust is needed, who they should choose as successor trustee or guardian. This is like not going to the...

Why Is Probate So Bad & How Can You Avoid It?

01/30/2024 Weiner Law

Why Is Probate So Bad & How Can You Avoid It?
“How can I avoid probate court?,” is a common question in California. Probate is the court process that your assets must go through after you pass away if you die without a trust. What is so terrible about probate court that so many people want to prevent their loved ones from having to go throu...

What Does It Mean To Fund Your Trust?

01/30/2024 Weiner Law

What Does It Mean To Fund Your Trust?
Funding your trust is often the most overlooked process of estate planning, but it’s the most crucial step after establishing your trust. Most of our clients engage our law firm to establish a plan that minimizes their family’s chance of having to go through probate court should they pass away.U...

What Do I Do For Estate Planning If I Own Property In Another State?

01/30/2024 Weiner Law

What Do I Do For Estate Planning If I Own Property In Another State?
Do you have a vacation home in another state or a family residence outside of California? If so, your family is exposed to having to deal with the probate court, not just in one state, but in two. What Happens To Your Property In Another StateAs I’ve described in previous videos, creating a trust...

Can I Protect My Children’s Inheritance From Creditors & Lawsuits?

01/30/2024 Weiner Law

Can I Protect My Children’s Inheritance From Creditors & Lawsuits?
You spend all your life working to make yourself and your family comfortable. So why would you work hard to lose all that money to creditors or lawsuits? The Limitations Of A TrustIt’s common for trusts in California to leave everything to the spouse after one person passes away, and then after bo...

Do I Need A Trust Only For My House?

01/30/2024 Weiner Law

Do I Need A Trust Only For My House?
There’s a common misconception that trusts are used only to hold real property, such as houses and condos. However, the primary purpose of a revocable trust is to avoid probate. That means that the assets held in your trust need to include any asset that could potentially go through probate. This...

Aretha Franklin’s Barely Legible Will Is Valid; Estate Planning Attorneys To Be Canceled

01/30/2024 Weiner Law

Aretha Franklin’s Barely Legible Will Is Valid; Estate Planning Attorneys To Be Canceled
When Aretha Franklin passed away in 2018 it was widely believed that she had died without a will. She was thought to have left behind an $80 million fortune, which included rights to royalties and copyrights. Since then, no fewer than four wills have been discovered. Two of those were handwritten, w...

How To Minimize Estate Tax?

01/30/2024 Weiner Law

How To Minimize Estate Tax?
The federal estate tax exemption has been a hot topic in politics and estate planning. In 2022, the federal estate tax for an individual was set at around $12 million and increased slightly in 2023. But what does this mean, and how does it change your planning? The federal estate tax exemption amoun...

Estate Planning For Minor Children: What You Need To Know

01/30/2024 Weiner Law

Estate Planning For Minor Children: What You Need To Know
Many parents plan for their family to be protected and cared for in the event of their death. They especially plan to cover any minor children. Estate planning is necessary to ensure that your loved ones are financially and legally protected when you cannot be there for them.Estate planning when min...

Medi-Cal Asset Protection: What It Is & Why You Need It

01/30/2024 Weiner Law

Medi-Cal Asset Protection: What It Is & Why You Need It
Elder law is rarely straightforward, especially when it comes to Medi-Cal asset protection. Such protection ensures that you, your spouse and your family are not left with exorbitant bills or loss of assets due to the cost of long-term careA Medi-Cal Asset Protection Irrevocable Trust can be a usefu...

How Weiner Law Can Help California’s Trustees

01/30/2024 Weiner Law

How Weiner Law Can Help California’s Trustees
The attorneys at Weiner Law provide counsel and guidance in trust administration. Our trust attorneys help Trustees with:Separating personal assets from trust assets;Handling beneficiaries impartially;Distributing gifts, assets, or inheritance impartially according to the trust or estate plan;Managi...

What You Need To Know About California Trust Administration

01/30/2024 Weiner Law

What You Need To Know About California Trust Administration
Many Californians create revocable living trusts so that their children or others can bypass the tedious probate court process. Although administering a trust outside of probate is generally less onerous, Trustees still have numerous duties which may be neglected without a proper understanding of Ca...

More About Essential Probate Administration

01/30/2024 Weiner Law

More About Essential Probate Administration
Most estates will go through the probate process unless there was a properly drafted trust in place and all assets were titled in the name of the trust before the decedent’s passing.Here are a few frequently asked questions:What is the role of the executor?The executor will be responsible for the...