Pilka & Associates, P.A.
Full Service Law Firm for Tampa,
Brandon and Polk County
863-236-9321 |813-502-1097

South Central Florida Legal Blog

Get a legal separation to separate yourself from your spouse

You and your spouse have been having more fights lately, and you've decided that a trial separation may be a good idea. This trial separation could be the date you use to show the court when you separated if you later decide to divorce, so it is important that you remember the date that you or your spouse move out of your home.

If you want to have an official separation noted by the court, you need to seek out a legal separation. This separation is approved by the court and documents the day you separated. A legal separation is not the same as a divorce, but the courts do recognize that a separation may lead to one. You should speak with your attorney about a legal separation if you want to be offered some protections through the court.

What is the process for probating a will?

Probate is simply a court-supervised process that authenticates a last will and testament. The probate process makes sure to locate the decedent's assets, to pay final taxes and debts and to distribute any remaining assets to the beneficiaries.

The process of probating a will is somewhat complex, which is why most people choose to work with an attorney. Here's what you should expect.

Making financial plans in your 50s: They will affect your estate

Once you've reached your 50s, it's time to start looking closely at your estate plan. There are many good financial moves to make at this stage of your life. Turning 50 is a great time to address many of these financial needs and concerns because most people are once again empty-nesters and are in the position to begin saving and paying off debt.

Once you reach 50, it's likely that you'll see retirement approaching quickly. That's why it's necessary to make a few solid financial decisions at this age. For example, paying off your debt in your 50s will serve you well in retirement, when you may be living on limited funds.

Follow these 3 tips for a better divorce

When you're going through a high-asset divorce, there are some practical tips that can help you come out ahead. Being able to approach your divorce with the right information and knowledge makes a difference so that you're able to move forward in your life knowing you made good decisions during your divorce.

Here are three practical steps to take so that your divorce moves more smoothly. Each one has its own benefits to consider.

What are some things estate administrators do?

Being appointed to administer an estate may feel overwhelming. It's a large task, but your attorney can guide you through the process if you take the time to ask.

When your loved one dies, their estate will need to be collected, managed and then distributed to those who are heirs or beneficiaries. As an estate administrator, you'll have several tasks to complete. Of them, one of the most important is inventorying the estate.

Here are 3 great reasons to make an estate plan

If you're just starting to learn about estate planning, you may have many questions. If you're younger, you may not be sure why you need a will or to set up an estate plan. If you're older, you might think the state laws will protect you.

The reality is that there are many good reasons to have an estate plan. Here are just three that you should consider.

How can you agree on how to divide property during divorce?

A high-asset divorce has a lot at stake, so it's understandable that you want to fight for as many of your assets as you can. Attorneys who handle high-asset divorces are an important part of the equation. Your attorney has experience working with people in similar situations to yours, which means that they'll have great insights into how to protect your assets and keep as much as possible following your divorce.

Making good financial decisions during a divorce can be difficult with the emotions that are at play, but you need to try to think rationally. Sit down and look at all of your assets, make sure they are appraised and that the appraisals are agreed upon between yourself and your spouse. Knowing how much you have to lose can help you look into what exactly you need to keep and what you'd like to keep, so you have firm footing during negotiations.

Children can make your divorce complex: Get help

When it comes to your family, you'd do anything to make sure you stay together. Unfortunately, your spouse is the one who came to you seeking a divorce. Now, your children have already been informed and have been crying over what they don't understand, all while you're trying to cope with the shock of the situation.

Your concern is that this came out of the blue. Your spouse suddenly announced they wanted a divorce at dinner, and now, here you are, picking up the pieces. The stress is unimaginable, but you can cope with it and get through the divorce in one piece.

DNA testing is a great way to prove paternity

When a child is going to be born, the only thing that can truly be assumed is that the mother is the person carrying the child. For fathers, there is a need to assert paternity, so that they can obtain the rights that come with fatherhood.

Paternity can be proven through the use of DNA, but many people take responsibility of their children through voluntarily acknowledgment that the child is theirs. If there is no question about who the father is, then that voluntary acknowledgment is fine. If there is a question of who the father is, then DNA is the best proof of paternity there can be.

Understand these 4 terms for probate administration

Probate administration is a topic that many people don't hear much about until a loved one dies. At that point, they realize that they're going to have to go through legal hoops to get their loved one's assets or the items that have been left to them.

Probate administration allows the distribution of assets and management of said assets to be performed effectively. Usually, people have someone assigned to take over when a loved one dies, but your loved one may also have appointed an attorney to handle the administration of the estate.

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