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Probate Law News
Probate Service And Family Court Announces Standing Order For Never Married Parents
The Probate and Family Court Department announces the implementation of Standing Order 2-05 relative to a pilot Parent Education Program for never married parents in the Hampshire Division. Chief Justice Sean M. Dunphy said, "The new Standing Order mandates that parties to a Complaint to Establish Paternity, a Complaint for Custody/Support/Visitation, a Complaint for Modification or Contempt in any case involving visitation, custody or support of minor children of never married parents filed on or after September 1, 2005 attend and participate in a three (3) hour education program known as "For the Children."
"For the Children" is a supportive parent education program that focuses on the needs of children of never married parents. Topics will include the vital role of parents in children's lives, cooperative parenting, pitfalls for parents to avoid, understanding children's needs and supporting children when parents live apart. The new Standing Order became effective December 1, 2005.
Since 1994, the Probate and Family court has required that parties to a divorce action in which there are minor children register with and attend an approved parent education program. Attendance is mandatory unless waived by the court. Currently, there are 31 approved providers who offer the program at 63 locations around the state. The program is also offered in Spanish at 3 locations.
Probate Is Handled In Court
Probate cases normally occur in state and county court where the deceased permanently lived at the time of his or her death. In different states such courts may go by different names. Some are simply called the Probate Court. In New Yorkthey are called the Surrogates Court and in California they are called the Superior Court, Probate Division. The probate court will normally handle all the personal property the deceased owned, plus all the real estate the deceased owned located in that same state.
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Trust Mills Can Be Financial Traps
Consumer: I’m exploring estate planning options, including living trusts. I’ve read recent warnings about “trust mills.” What are these?
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Definition:
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.
Payable on death account (POD)
Definition:
An account, such as a bank account, that is handed over to a specified person upon another person's death.
Assets
Definition:
All property owned by a person that can be used or made available to use in the payment of debts and heirs.
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