Estate Planning

April 2, 2020 By Marianna Barbowski

Estate planning -now is the time!

Taking care of your family should be of the utmost importance at this difficult time. Proper estate planning will reduce your stress and avoid expenses, hassles and conflict later.

Your estate plan can direct exactly where your assets are to go in the event of your death or disability. An estate plan will provide you with the comfort of knowing that your assets will go to the right beneficiaries.

An estate plan will avoid questions or disputes that would most likely have to be resolved by the courts otherwise.

Reduce Taxes and Costs.

An estate plan will avoid your assets being tied up and can help avoid probate taxes and fees. You can minimize the expenses and taxes when you create an estate plan.

You should be able to keep the cost of transferring your property to a minimum and also ease the burden on your family.

It is stressful and difficult to plan for the funeral of a loved one when grieving, with an estate plan you can outline your wishes for burial or other funeral arrangements and take some of the burden off of your family at a difficult time.

Prepare for incapacity.

A proper estate plan includes durable power of attorney for health care and a power of attorney for financial matters. If you should ever become mentally and/or physically incapacitated, an estate plan can outline your wishes regarding your life and who will make medical decisions on your behalf.

Decide Now Who Will handle your Affairs.

By crafting a proper estate plan, you can establish a trustee or representative to handle your financial matters and make that decision now so you can sleep well at night. You can provide for those who need it most, such as a child who has a disability or other person you want to specifically provide for.

Blended Families

We see this issues more and more often recently. Many people have multiple children from different spouses. Without an estate plan children can be in conflict and may not be provided for as you wish. With a plan, you decide what goes to whom and when, and what children from a prior marriage may receive when you pass away.

Contact us!

The seasoned lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the estate planning process to address your concerns and achieve your goals as efficiently as possible. Juli Hincks and the experienced attorneys at McGrath Law Firm can assist with your estate planning. Call us to schedule your consultation at (603) 224-7111.

Divorce: When Should I See a Divorce Attorney?

January 18, 2019 By Marianna Barbowski

When should I see an attorney?

Hiring a Divorce Attorney and the decisions and agreements you make during your divorce will have a lasting impact on your life. Your divorce can affect finances, property ownership, future income, and taxes—and, if you are a parent, the lives of your children. As a result, we recommend that you meet with one of our attorneys for a consultation as soon as possible in the divorce process. Talking to an attorney in the early stages helps you learn more about your legal rights and can make sure you don’t accidentally agree to give up those rights.

This is true even if you believe that you and your spouse will be able to agree on the terms of the divorce. Further, we often find that clients aren’t aware of the broad range of property that can be divided in a divorce, and without proper legal advice from a divorce attorney, they would have left money “sitting on the table.”

Process of Choosing the right Divorce Attorney

Should you seek to hire a divorce attorney to represent you fully during your divorce or handle settlement arrangements and represent you in court, this initial consultation serves as an excellent interview. It will help you decide whether the attorney is a good fit for you.

Know your rights!

If you are considering handling your divorce on your own, we still recommend having at least one consultation with our attorneys to ensure you know your legal rights. In addition, depending on the issues you are facing, you may want some additional help. Our attorneys can assist you on a limited basis, providing advice and document review as needed, while you represent yourself in negotiations and in court. However, if your divorce is not complex, or if funds are tight, this can be a good way to protect yourself while saving money.

It is important to note, one consultation can save you money and time. Please call us. Our attorneys will be fully on your side and make sure you know your rights and your options!

Contact us!

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, Juli Hincks and the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Social Media and Divorce – Just Don’t!

January 15, 2019 By Marianna Barbowski

Do not let emotions take over your social media accounts

Social media and divorce can be a dangerous combination. As you know, divorce is a highly emotional process. Feelings of anger, pain and betrayal are all too common. When we have these feelings, our instinct is often to turn to social media so that we can vent our emotions or ask for support. Due to feelings of grief or longing for the person we are divorcing lead us to look at their social media pages and even to comment.

This behavior can easily backfire. While you may have your ex blocked on social media, there are likely people who can view your account who might feel sympathetic towards your ex and share information.

Furthermore, your posts and comments can seem threatening to your ex, and are upsetting to family, friends, and children. All of this puts you in a poor position when discussing property division or parenting plans—your ex may be less flexible in negotiations, or even become unwilling to negotiate, and try to use your social media posts against you in court.

Additionally, it isn’t only negative social media posts that can backfire. Sometimes, even happy posts can upset your divorce proceedings. For example, posting on social media about partying and drinking can allow your ex to call your judgment into question during parenting discussions. Similarly, posting photos of yourself on expensive vacations or with your fancy new boat can give your ex ammunition to use against you when dividing up property.

Finally, if you are dating during your divorce, keep your relationship off of social media. Changing your relationship status or posting couple photos can cause a jealous reaction, even if your ex was the one who initiated the split.

Contact us

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Same-Sex Divorces in New Hampshire

November 29, 2017 By Marianna Barbowski

Same-Sex Divorces in New Hampshire.

McGrath Law Firm has recently handled a divorce action for a same-sex couple. Our experienced legal team was able to successfully help our client win ownership of certain personal property while protecting the client’s legal rights during a divorce dispute.

Same-sex marriage has been legal in New Hampshire since January 1, 2010, when legislation signed into law by Governor John Lynch on June 3, 2009 took effect. New Hampshire had established civil unions for same-sex couples beginning on January 1, 2008. Prior to 2008, same-sex couples in New Hampshire were not entitled to obtain the legal and financial benefits generally associated with marriage.

Although the divorce rates in New Hampshire are lower than the national average, there has been a rise in the number of married couples seeking a divorce, including same gender couples.

Same-sex divorce actions can sometimes involve high conflict disputes over the ownership of personal property items. Some examples of personal property include jewelry, accessories, clothing, personal effects, as well as shared memorabilia.

New Hampshire law provides for an equitable distribution of marital assets regardless of whether a divorcing couple are same-sex or heterosexual. However, this does not mean that every asset or item must be split equally, so long as the overall distribution between the parties is fair and reasonable.

McGrath Law Firm has specific experience assisting clients in dissolving their marriages and handling the issues that may arise in a same-sex divorce action.

Contact Us!

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Recent Developments in New Hampshire Law

July 25, 2017 By Marianna Barbowski

Recent Developments in New Hampshire Law

Developments include Full-Day Public Kindergarten; Decriminalization of Marijuana; and More

There have been some recent developments in New Hampshire laws. As you may have read in the news recently, Governor Chris Sununu signed 38 bills into laws. We have taken a look at some of them and below is an example of some of the changes coming New Hampshire’s way!

Funding Full-Day Public Kindergarten

On July 12, 2017, Governor Chris Sununu signed into law Senate Bill 191 to fund full-day public kindergarten throughout the state by taxing Keno lottery games in New Hampshire. Governor Sununu has made expanding public kindergarten programs a signature policy focus in his first term. The governor was given a political boost when the bill cleared both the House and Senate with wide margins in a bi-partisan vote in June.

Governor Sununu previously praised the legislation. “The investments made today will give New Hampshire children a strong foundation for tomorrow’s future. Full-day kindergarten is good for children and families, and a critical tool in retaining our future workforce.” However, this law is not a requirement for any town to adopt full-day public kindergarten programs.

About 70% of the school districts in the state have already instituted a full-day program, paying for the second half of the day with local property taxes. The state had been offering districts a grant of $1,800 per student for kindergarten enrollment, which assumed a half-day program. The new law will now provide for another $1,100 per kindergarten student each year from state Keno lottery game revenue.

As Keno revenue rises, the state grant would increase up to $1,800 per kindergarten student for a total from all grant sources of $3,600 which is the ‘adequacy grant’ currently received by districts for students from first-grade through high school.

Decriminalizing Small Amounts of Marijuana

On July 18, 2017, Governor Sununu signed House Bill 640 downgrading possession of up to 3/4^th of an ounce of marijuana or 5 grams of hashish to a civil violation instead of a criminal misdemeanor as it would previously have been charged. This law is set to take effect on September 18, 2017, making New Hampshire the 22^nd state to eliminate the possibility of jail for individuals convicted of simple possession. The legislative measure, referred to as “common sense marijuana reform” by Governor Sununu, passed both the House and Senate with strong bipartisan support.

New Hampshire is the last New England state to reduce marijuana possession to a civil offense. Although decriminalization has been considered in the past, this was the first time the Senate took up a bill passed by the House. Matt Simon, New England policy director with the Marijuana Policy Project, stated “there is no good reason to continue arresting and prosecuting people for marijuana possession.”

When the law takes effect, any person 18 years or older found to be in possession of 3/4^th of an ounce or less of marijuana or 5 grams or less of hashish would be subject to liability for a civil violation, punishable by a $100 fine for the 1^st or 2^nd offense, instead of a criminal misdemeanor with a fine of up to $2,000. Any subsequent infraction within a 3-year period would be punishable by a fine of up to $300. A 4^th offense would result in a Class B misdemeanor charge.

Any person less than 18 years old found to be in possession of the threshold amounts or less would be subject to a delinquency petition.

All money collected from the law’s fines will be deposited in the state’s fund for services to combat alcohol and substance abuse.

Establishing a State-Wide Needle Exchange Program

On June 16, 2017, Governor Sununu signed into law Senate Bill 234 creating a needle exchange program throughout the state and decriminalizing trace amounts of drugs left in dirty needles. The passage of this law brings New Hampshire in line with the rest of the New England states which have already implemented exchange programs.

Allowing users to safely dispose of needles without the fear of prosecution is the best way to make sure needles aren’t discarded in public places.

Without a readily available supply of clean syringes, drug users will become desperate, resorting to using needles found on the side of the road, trying to fish dirty needles out of medical disposal boxes, or using the same needle again and again until the metal tip breaks off. Needles, clean and used, are often sold on the street for anywhere from $1 to $20 a piece.

Governor Sununu commended the legislative measure. “The drug crisis is the most serious public health and safety issue facing New Hampshire and it remains critical that we continue supporting investments and resources in law enforcement, but also in prevention, treatment, and recovery programs … There is no doubt that this bill will save lives.”

Expanding Conditions Qualifying for Therapeutic Use of Cannabis

On June 16, 2017, Governor Sununu signed two bills expanding the list of qualified medical conditions eligible for the therapeutic use of cannabis, otherwise known as medical marijuana. House Bill 157 adds chronic pain as one of the qualifying conditions, while Senate Bill 17 removes the requirement that individuals with Hepatitis C be receiving anti-viral treatments in order to qualify for medical marijuana.

Other qualifying medical conditions include: cancer, glaucoma, HIV, AIDS, muscular dystrophy, Crohn’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury/disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, Alzheimer’s disease, and ulcerative colitis.

Heightened Requirements for Background Checks in Adoptions and Foster Family Licensing

On June 16, 2017, Governor Sununu signed into law House Bill 355 expanding the background check requirements associated with adoptions as well as the initial home licensing process for foster family applicants.

Previously, only prospective adoptive parents or prospective foster parents were subject to a finger-print based criminal record check of national crime information databases in addition to the central registry check of all adults living in the home. Developments now provide all adults living in the home will be subject to a finger-print based criminal record check and a central registry check as part of the adoption or foster family licensing process.

The criminal record check consists of submitting finger prints to the State Police for forwarding to the Federal Bureau of Investigation (FBI). The central registry check consists of checking the state’s central registry of founded reports of child abuse and neglect as well as checking the child abuse and neglect registries in any other state in which an adult living in the home has resided in the past 5 years.

Contact Us!

The seasoned attorneys at the McGrath Law Firm, founded by former federal prosecutor, Peter McGrath, will walk you through every step of the challenging process to address your concerns and achieve your goals as efficiently as possible. From personal injury, criminal law and estate planning, family law, including, but not limited to, spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of law. Call us to schedule your consultation at (603) 224-7111.

#newlaw #legaldevelopments #housebills #decriminalizing #newhampshire

Domestic Violence explained

July 20, 2017 By Marianna Barbowski

What Constitutes Domestic Violence in New Hampshire?

How to proceed if you are the victim?

First and foremost, if you feel threatened and you cannot remove yourself from the situation, you should call the police immediately. If you would like to file for orders of protection you can do so at your local Family Division. The court clerks are very helpful and can walk you through the process. There is no filing fee associated with the filing of a domestic violence, so money will not be an issue.

The threshold for domestic violence is fairly broad and is governed under RSA 173-B. RSA 173-B is limited as to who can seek protection under this statute. For example, spouses, ex-spouses and parties that are co-habitating together are entitled to file a domestic violence petition under this statute. There are a few different situations where someone can seek protection under RSA 173-B, but the lines could become blurred when interpreting the relationship. If there is a question as to status of the parties, a Judge will decide if a plaintiff is entitled to relief under RSA 173-B.

All that has to happen is a situation where the complaining party can prove that there was a credible present threat to their safety at a hearing held before a Judge, with both parties having the opportunity to be heard. If an action is requested ex parte (or expedited) by written request from the the defendant, the matter must be scheduled for an immediate hearing, no less than three (3) nor more than five (5) business days.

What happens if orders of protection are issued?

The protective orders vary. Typically, and in most circumstances, all firearms in the possession of the defendant shall be relinquished. The defendant will also be required to stay away from the complaining party by at least 300 feet. There are additional restrictions that could be imposed, depending on the circumstances, whether children are involved, etc. Further, the order will be in place for one year, and may be extended upon a further hearing.

What if you are served with Domestic Violence paperwork?

The petition will be served upon you by the Court. Everything complained of by the plaintiff will be provided to you. If the petition is not brought ex parte, a hearing will be scheduled within thirty days. If an expedited (ex parte) hearing is requested, as stated above, a hearing will be scheduled within 3-5 days upon request. You will have the opportunity to be heard and judged by an impartial and unbiased Judge, who will weigh the facts presented to determine whether temporary orders are necessary. If it is granted, the court will go ahead and schedule the matter for a final hearing to determine whether the order of protection needs to be extended.

Why call an attorney?

Our attorneys at McGrath Law Firm are well versed in the grounds and threshold that needs to be met in order to justify an order of protection. Often these matters can be worked out with the help of an attorney. A lawyer can save money and bring closure and be of great value. Orders of Protection can be limited in restrictions but they can also turn out to be a hindrance to your lifestyle, including having access denied to your children. Don’t let this happen to you!

Contact us!

The seasoned attorneys at the McGrath Law Firm, founded by former federal prosecutor, Peter McGrath, will walk you through every step of the domestic violence process to address your concerns and achieve your goals as efficiently as possible. From personal injury, criminal law and estate planning, family law, including, but not limited to, spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of law. Call us to schedule your consultation at (603) 224-7111.

#domesticviolence #173-B #restrainingorder