The Pitfalls of The Do It Yourself Divorce Part #1

Doing your own divorce in Louisiana without an attorney?   What could go wrong?

Just like doing your own surgery, handling any legal proceeding on your own is fraught with danger.     Do you know what you are signing?   Are you sure you fully understand the implications of what you are asking the court to do for you?  Are better options for you?  Do you understand what your obligations are?  This series illustrates just a few of the problems with self-representation in family law cases.

Pitfall #1  Using internet forms.

Louisiana’s laws are different than any other state’s laws. Internet forms may not contain the necessary elements to render an effective divorce or properly divide your property and debts.

Disclaimers, Disclaimers….

These websites have lots of disclaimers.  You can find them at the bottom of the page or on a back page.  When you read them, you will see that they are telling you not to totally trust the forms.  First, they tell you the site is not a law firm. Second, they warn you that the site does not provide advice, legal opinions or a recommendation.  Third, the site specifically states it provides no guarantee the forms are up to date with changes in the law. Fourth, you are warned the site is not a substitution for consulting an attorney.

The Risk

When you use  a form that does not fully meet the Louisiana requirements or the proper process and procedure throughout the case, your divorce may not be valid. For example, your divorce judgment is granted and you go about your business. Years later you discover that you made a mistake in your paperwork or in the process you used.  By then, you may have remarried. You may have accumulated significant assets.   This has actually happened in Louisiana and the courts were not sympathetic. 16 years after a couple’s divorce was granted, a court found the divorce was not initiated using the proper process for the couple’s situation.  Therefore, the court ruled the divorce was invalid, and they were still married.

If your divorce judgment is found to be invalid, your ex spouse will have claims against the assets you accumulated after the judgment.  In addition, you may be responsible for debts your ex-spouse ran up after the judgment.  Even worse, assuming it can get worse, and it can, your remarriage may not be legal.

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests and make sure your divorce is valid.  Shelley Goff at Goff and Goff Attorneys has been practicing family law for 28 years.  Call us. We can help you navigate the process as smoothly as possible.  318-255-1760.

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Special Needs Trusts 101 – A Tool For Protecting Those With Disabilities

In general, a trust is created when property or assets are managed by a person or firm for another person’s benefit. The person or entity who manages the trust is known as the “trustee” and is entrusted with the responsibility of making decisions in the best interest of the person who benefits from the trust, known as the beneficiary. Trusts are advantageous because they provide the ability to place conditions on how and when your assets will be distributed when you die, reduce estate and gift taxes, and allow you to skip the lengthy and expensive probate process. However, they can have other important benefits. 

Generally speaking, without proper planning, a person with special needs could be rendered ineligible for government benefits upon the  death of the beneficiary’s parent. The absence of the caregiver parent gone and / or the loss of the benefits could be devastating to the special needs person. A Special Needs Trust can avoid this situation. 

A Special Needs Trust is a class of trust made specifically for the benefit of someone with a physical and/or mental disability. It differs from the typical trust due to the special conditions that often need to be in place to accommodate the specific needs and lifestyle of the Special Needs Trust’s beneficiary. One of the important features of a special needs trust is that the assets in the trust will not be counted toward asset thresholds contained in government programs such as Supplemental Security Income (SSI) and Medicaid. The trustee has complete control over the assets in the trust, instead of the beneficiary. For this reason, government programs such as SSI and Medicaid ignore assets in a trust when determining eligibility. Many people are unaware of this and make the mistake of distributing their assets to a loved one with special needs through a will. This could cause them to exceed the asset limits for SSI and/or Medicaid, thus losing their benefits from these programs.

Special needs trust may also be set up to take the proceeds from a legal settlement on behalf of the person with special needs. For example, if someone is rendered disabled due to the fault of a drunk driver and thus receives a  award or settlement (even a small one), then this could knock the victim off of any government benefits being received.  A Special Needs Trust can ensure the victim’s compensation does not have such tragic effects. Also, the funds in the special needs trust can sometimes be protected from being paid out to a creditor or someone who decides to sue.

When setting up any trust, much less a Special Needs Trust, choosing the right trustee is of paramount importance. The trustee must be someone you are certain will act in the beneficiary’s best interest before and after your death. Often, this takes place in the form of a trusted family member who knows the beneficiary and his or her needs. However, if your situation doesn’t allow for this, a court can appoint a third party to manage the trust according to your written wishes.

Even if you believe your loved one with special needs will never need government benefits, it is still prudent to consider a Special Needs Trust. These trusts can provide for the unique and specific needs of the beneficiary in ways that other types of trusts cannot. Further, you never know what may happen in the future, especially when you’re no longer around. It may turn out that your loved one needs these government benefits one day. If that happens, they’ll be glad you provided them this option.

Special needs trusts are an excellent vehicle to ensure your loved one with special needs is taken care of in the event of your passing. It is also a good tool to take care of your children in the future in case a tragedy occurs down the road. However, they can be difficult to set up and it is advised that you consult an elder law attorney who will be able to examine your specific situation and make sure your loved one is taken care of for years to come. Give me a call if  you would like to speak with a trust lawyer regarding your situation. 

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Ruston Elder Law Attorney, Add Goff.

Financial Benefits for Veterans and their Survivors

If you are a veteran, or if you are caring for one, it is important that you understand the many veterans’ benefits programs available through the Department of Veterans Affairs (VA). Financial support is often available to a a veteran, his or her spouse, veteran’s or their survivors based on the veteran’s current age, physical condition, or financial situation.

Even if you or the veteran under your care for qualifies for Medicare there can be advantages to choosing VA care for healthcare coverage. For example, Medicare does not cover physical exams and other preventative care, dental care, long-term in-home care or long-term nursing home residential care. The costs of VA co-pays and deductibles are generally lower than Medicare, and that includes prescription drugs. Some veterans can qualify for both Medicare and VA health coverage which can in some circumstances be extended to family members as well.  This is something that you should explore. 

The VA also offers financial benefits through “service-connected disabilities.” These disabilities can include physical, mental, or emotional conditions which limit or preclude a veteran from performing various everyday activities deemed normal. A veteran does not have to have become disabled while in the military to qualify for these benefits. Service-connected disabilities can begin during military service and only start to show as the veteran ages. The key element is that the disabling condition was caused during or aggravated by the veteran’s military service.

A condition that becomes disabling later in life can make a veteran eligible for a monthly disability compensation payment. The VA will assign a rating to the disabling condition beginning at 10 percent and up to 100 percent, in 10 percent increments. The lowest rating at 10 percent in 2018 pays $117 per month while the highest rating at 100 percent pays $2,527 a month. Veterans who are housebound or require “aid and attendance” (regular in-home care) can receive even more money per month. Older veterans with a 30 percent or higher rating can also have their spouse qualify for additional monthly benefits.

Having a service-connected disability also can make a veteran eligible  for certain  loans or grants to modify a home through the Specially Adapted Housing (SAH) grants program. This can be the veteran’s home or the home of a family member where the veteran lives. Special car modifications are available through a similar program. The VA also offers several types of loans and loan guarantees to aid veterans in the purchase of or refinancing of a home, townhome, or condominium.

If a veteran (65 or older) meets certain financial requirements, has had 90 or more active days of military service, and at least one of those days during a period of war (World War II, Korean War, Vietnam War and the Persian Gulf War), he or she may qualify for a VA pension even if the veteran was not in combat. If a wartime veteran or a surviving spouse requires care on a regular basis, the amount paid can be over $2,000 per month in tax-free income. However, there are specific financial and medical requirements for this benefit. The rules for qualifying for such a VA pension benefit are changing on October 18, 2018, so if you or someone you know is a wartime Veteran or the surviving spouse of a wartime Veteran, contact us right away to see if you could qualify for this important benefit before the qualification rules tighten.

If you are a wartime veteran or the surviving spouse of one, we would be happy to talk to you about your situation and help you understand your planning options as they relate to your qualification for a VA Service Pension. Add Goff is a VA accredited attorney, and  we look forward to hearing from you! Please help us get the word out by clicking one of the social media buttons below!