WILLS, PROBATES & ESTATES
Estate Planning is often not considered by clients when they are trying to settle property division, parenting matters or both.
Your family law status can affect your estate and there are limits to making an application to the court if a ex partner dies prior to property settlement. At Salerno Law our Family Lawyers can advise you about the interaction between your family law matter and your estate. Without effective planning you may be unexpectedly in a situation that you did not anticipate, or worst in the case of your death, those whom you intended to inherit your estate may be excluded.
Estate law is one of the most personal and involved areas of law. It affects your loved ones at a time when further, costly difficulties are not needed. Unresolved Family Law matters can compound the legal issues and increase conflict and grief. Our experienced team cross every ‘t’ and dot every ‘i’. We ensure that your estate is neatly in order and all possible angles have been considered.
The ownership status of your property is relevant to your matter when considering how your Family Law matter interacts with Estate planning...
You may be termed as joint tenants or tenants in common on the title deed of your property or properties. Legal advice should be sought so that you understand the implications that your death or that of your ex- partner may have when you have not yet settled your property division. At Salerno Law our Family Lawyers can provide you with legal advice and plan to remedy these issues in the short and long term.
Jointly held assets may pass by survivorship to the other spouse and not form part of the estate. There are also Family Provision laws under Estate Planning that can affect your property pool. A claim may be made on an Estate that would not be intended or sought under a family law property settlement.
Parties are not able to make an application to the Federal Circuit Court or the Family Court for property settlement if the ex-partner is deceased. However, if proceedings are on foot the matter can continue. Our Family Lawyers at Salerno Law can advise you about all aspects of your property pool and identify risks to your settlement options, we can take action to remedy these and take care of all of your Family Law and Estate Planning matters.