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You are asking about what a trustee will take into consideration and this implies that you have already filed a Chapter 7 case. Trustees don't have anything to do with determining issues relating to your budget or the means test, which I think (although it is not clear) is what you are inquiring about. Just because your income for the 6 calendar months prior to filing is above the median income does not mean you won't qualify for a Chapter 7 case.  It's a very complicated analysis with numerous different factors being taken into consideration. If you are married, you must include all income, expenses, assets and debts of you and your spouse regardless of whether they are joining in the filing.  I'm not sure what you mean by "go down the drain", but your husband can continue his self-employment after the case is filed.  The key is going to be what assets he has from his business now (i.e. rights to residuals, copyrights, royalties, receivables, etc.) and whether those can be protected (which will depend on a number of factors, including the value of all your other assets, which state's exemption laws apply in your case and more). Bankruptcy is a very complicated area of law and your questions can only be answered after obtaining all the relevant information.   The bottom line is you need to have a consultation with an experienced bankruptcy attorney to go over all the relevant information (income, expenses, assets, debts) to determine what you are eligible for and which option is best. ... Read More

I really can't answer your question about whether or how you should put your husband's name on the deed to your property without knowing a lot more information about what you wish to accomplish and how you want ALL of your property (including both real estate and other assets) to pass to your loved ones at your death. I also would need to know more information about your husband and his family. It may be best for you NOT to add your husband to your deed. If you only want to ensure that he receives ownership of the property at your death, it may be better for you to change your estate planning documents and put a bequest of the property in them.   My suggestion is for you to meet with an estate planning attorney and get an estate planning consultation. That will help you decide what you'd really like to do and let you know the best way to do it.   Best wishes to you.... Read More

Contact a local probate attorney to probate your uncle's estate.  While it may or may not all pass to his wife under Arkansas law, a power of attorney  is trumped by a guardianship.  If the niece has a valid power of attorney from the wife, she may not be exercising it properly.... Read More

Dear Anonymous:        If and when you file a Petition for Divorce, you would have to include a request for relocation with the children.  FLorida Statute 61.13001(3) outlines the procedure to request a relocation when the other parent will not agree.        I have inserted portions of  the provisions of the statute below.  As you can see it is quite specific and, at the end of the day, these are the hardest decisions for a judge to make.  However, once you review the criteria, you will have a better idea of whether you may be successful in your request for relocation.  3) PETITION TO RELOCATE.—Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must be in accordance with this section:      ... Read More

Dear Anonymous:     Unfortunately, two wrongs do not make a right.  Yes, you still have an obligation to pay child support.  Luckily, your support ends soon.  I am wondering why there was never an order in place to have her return to Florida and a pick up order to get your kids back 7 years ago.    As to the contempt, you could proceed to get a writ of bodily attachment and if your ex ever enters Florida again she could be arrested.  A little too complicated to explain in detail here, but there is a "remedy."      I am sorry you have had to go through this and hopefully, since your children will be adults soon, you will be able to rekindle the relationship with them.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785      ... Read More