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Omaha Legal Blog

Your goals as a co-parent

With the end of your marriage, you enter a new stage in your life with your ex. Now the two of you are co-parents. You have to work together even though you're not married and you may both move on with your romantic lives. You still have to share the portions of your life that include the kids.

If that sounds hard to do, it's understandable. Not everyone enjoys dealing with their ex, but it's unavoidable if you have kids. The goal is to focus on them. When you see how your actions help them, even when it's difficult, the whole thing feels easier. Here are some priorities that you should have:

  • Make sure the children always feel safe and secure in both homes.
  • Communicate well with your ex so that the kids' lives go smoothly.
  • Be flexible when possible so that they can enjoy their lives.
  • Be respectful and civil, even if you're not necessarily friends.
  • Don't put the kids in the middle of the situation.
  • Always be fair to your ex and to the children, no matter how you feel.
  • Talk to the kids and give them a chance to speak. Listen when they do.
  • Set healthy boundaries and make sure you both know where you stand.
  • Above all else, focus on the kids' well-being: Physically, emotionally and mentally.

Update your estate plan if diagnosed with a chronic illness

By 2020, it is expected that about 157 million Americans will have been diagnosed with a chronic illness. If you're one of them, you should have an estate plan that reflects that reality.

These are some of the key estate planning documents that could benefit you if suffering from a chronic illness.

  1. A HIPAA release. HIPAA – which stands for the Health Insurance Portability and Accountability Act of 1996 – governs who can receive your personal health information. A HIPPA release allows you to authorize someone you approve to receive your otherwise confidential medical information. You might need another trusted person, such as your adult child or spouse, to have access to crucial information.
  2. A living will. This document states your health care wishes and directs medical staff about future treatment.
  3. Health proxy. Also known as a medical power of attorney, completing this form allows you to designate someone to make medical decisions if you are unable to do so. You also can name someone as your guardian should you become incapacitated.
  4. Financial power of attorney. This document gives someone the ability to handle your financial and legal matters. There are different types of this document, and your attorney can advise you which is appropriate for your condition.
  5. Revocable trust. This can help you avoid probate but also to provide a safeguard as your disease progresses.

Nebraska Supreme Court rules on wording in divorce decree

A divorce and child custody agreement typically addresses a number of issues, from where children will live to where they will go to school to where they will spend the holidays.

And recently, the Nebraska Supreme Court made a ruling on a case that has to do with where children go to church.

Protecting the family farm in divorce

The heart and soul of Nebraska is all about farming. However, farm families face special challenges when couples decide to divorce. Protecting a farm that has been in the family for generations isn’t easy in divorce, especially if its operations have grown during the marriage and multiple family members are a part of running it.

Warren Buffett sets example for contributions from estates

Famed Omaha, Nebraska, businessman Warren Buffett announced he will donate $3.6 billion worth of shares in his Berkshire Hathaway company to five foundations as part of his estate plan.

In a company transaction, Buffett will convert 11,250 of his Class A shares of Berkshire Hathaway stock into 16.875 million Class B shares. Those Class B shares will be gifted to five foundations: Bill & Melinda Gates Foundation, Susan Thompson Buffett Foundation, Sherwood Foundation, Howard G. Buffett Foundation and NoVo Foundation, the company announced.

Legal guidance benefits those planning to form a business

Omaha and other Nebraska cities welcome new businesses. Startups and new companies play a significant role in helping communities continue thriving. However, there exists no guarantee that any new business will find success.

Many of our business formation clients ask us how they can improve their odds of achieving success in their new business endeavors. Our attorneys offer as much assistance as possible, but often it takes careful planning and commitment to start and operate a booming new company. For example, instead of having an idea and immediately acting, it makes better sense to create a solid plan before doing anything else.

How to ensure stepchildren are part of your estate plan

With divorce and remarriage more common than ever before, the number of blended families is rising.

Maybe you and your spouse both have children from a previous relationship, and are now married, living with all the kids under one roof. Or maybe one of you didn’t have kids before, but enthusiastically took on the role of stepmom or stepdad, helping to raise and care for the child to the best of your abilities.

What are effective defenses against claims of domestic violence?

Authorities in all states, including Nebraska, take claims of domestic violence very seriously. In most cases, the public supports a harsh stance against such violence. However, what if the defendant insists they are innocent of these accusations?

One of the most important cornerstones of the American justice system is having the right to an effective defense. This is so even in the face of damning allegations, including those involving domestic violence. This means that if you have been arrested for domestic violence, you have the right to protect yourself. There are effective defenses like the ones outlined below.

Avoiding common estate planning mistakes

To most people, estate planning is one of the most confusing endeavors to undertake. Often, it is difficult to even begin such a task, but many agree that putting an estate plan in place is important. The good news is that working with a lawyer simplifies this process for most Omaha residents. Another benefit of attorney assistance is avoiding the mistakes that many people make when they attempt estate planning alone.

If you are looking into creating an estate plan, then you have already avoided the biggest mistake, which is having no plan at all. Below are four additional mistakes to avoid.

Be sure to protect your rights if you are an unmarried father

Our world is full of different types of family units. Many couples marry before they decide to add kids to the family. Others choose to raise their children without ever getting married. We believe that the choice of marrying or not to raise children together belongs solely to the parties involved in these relationships.

Despite our beliefs, we feel that all fathers in Omaha should understand the risks of having children without marrying. When these dads fail to take protective steps, they could risk losing access to the children that they love. An important step in preserving your rights as a father involves establishing paternity. Fortunately, there are several methods of establishing your paternity.

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Reisinger Booth & Associates, P.C., L.L.O.

7602 Pacific Street, Suite 222
Omaha, NE 68114

Phone: 402-983-8213
Fax: 402-457-6309
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