Are you a Spring Break Chaperone? Enforce the law

The Florida panhandle has long been a Spring Break hot spot, especially for the Atlanta area. And like everywhere else in the United States, the legal drinking age is 21.  Spring Break, minors, and alcohol are a bad combination, and almost always lead to trouble. Here are some tips if you are traveling with teens this year:

• Educate the kids you are responsible for on the trip. Hundreds of minors are arrested each year on Spring Break for underage drinking or being drunk in public. Their second biggest mistake, besides drinking in the first place, is pulling out a fake ID. Showing a cop a fake ID will not get a teenager out of trouble—it will make things worse. A first offense for Minor In Possession can result in a hefty fine and possibly jail time. Using a fake ID could result in third degree felony charges, an even larger fine and more jail time.  Make sure the minors you are responsible for are aware of the law.

• Be the strict parent. Being 21 years old to purchase and consume alcohol is not your rule, it’s the law. If you are caught supplying alcohol or allowing minors to drink, you could face fines or arrest yourself. Don’t be afraid to be the strict parent. It could save you thousands and even a life.
• Hire a lawyer. If something does go wrong, a lawyer can help make the situation better by taking immediate action and offering legal advice throughout the legal process. A lawyer can help you understand options related to reducing jail time, fines, and getting charges expunged from the record. You do not want to do this alone.

The beautiful weather and white sandy beaches make the panhandle a top Spring Break destination, but something in the air makes kids just a little bit wilder during this particular week. Be sure to discuss your expectations with the teens before you hit the beach, informing them of the laws as well as your rules and consequences. And if you run into trouble, let us help.

Want to know more about our legal services? Call 770-528-0150, and let Atlanta’s Caring Lawyers help.

Adoptions can be complicated

Adoption — the social and legal process that builds a family — gives nearly 4,000 children a year the same rights and benefits as those born into a family in Georgia. If adoption is one of your family’s goals in 2015, Cauthorn Nohr & Owen’s attorneys can help you navigate state laws that govern this process. Here are some realities:

• The birth mother: The birth mother can start the adoption process at any point during or after her pregnancy. It is generally best that she begin this process with a counselor. The birth mother is often encouraged to choose the adoptive parents. A child cannot be placed for adoption without the voluntary or involuntary termination of parental rights.

• Adoptive parents: Adults must meet many requirements to be considered an adoptive parent. For instance, you must be at least 10 years older than the child you are adopting. You must pass a criminal background check, home safety checks, as well as a medical examination. There is also an extensive interview process.

• Communication: Adoptive parents will often receive information regarding the circumstances of the birth parent prior to adoption. As with any other parent, the adoptive parents have the right to control who communicates with the child after the adoption is completed.

Creating a family through adoption is a wonderful milestone — and a complicated one. Following the letter of the law can help ensure a happy new start for all involved.

CNO attorneys Tom Cauthorn, Lisa Owen, Bettina Davies, and Marijane Cauthorn have more than 70 years of experience with divorce and family law. Call 770-528-0150 to learn how our team can help.

The right support is critical when divorcing

Divorce is a journey you don’t have to travel alone. While you will certainly want to gather a village of support, there are three people you absolutely should have on your team: a lawyer, a financial advisor, and a recently divorced friend. A lawyer: There are many different ways to handle divorce in Georgia. Cauthorn Nohr & Owen provide legal services for simple uncontested divorces, divorces that involve the complex division of assets, and divorces that involve hostile child custody battles. The right lawyer will concentrate on getting results that will satisfy you going forward.

A financial advisor: There is no one size fits all nor one formula to determine how to divide assets, so it is important to be as financially aware as possible. The first step in gaining control of your finances during your divorce is to prepare an accurate current budget. A financial advisor can help you gather information from past tax returns, bank statements, and other components of your family’s expenses. In Georgia, a parent is obligated to support his or her children, regardless of the parent’s marital status. A financial advisor, along with a lawyer, can assist you in determining the proper child support for your situation, as well as weigh the options for appropriate spousal support, if necessary.

A recently divorced friend: Don’t overlook the important role a recently divorced friend can play. About one in one hundred people a year divorce in Georgia, so the odds are high that someone in your inner circle has traveled this road before. A friend not only has experience on the legal side of divorce, but she also knows you and your family.

If divorce is the right decision for you, we can help.

Cauthorn Nohr & Owen’s attorneys Lisa Owen and Marijane Cauthorn specialize in divorce and family law. Learn more about Cauthorn Nohr & Owen’s divorce services.

Is Your Estate In Order?

Two high-profile estates in the news this year –– Robin Williams and Philip Seymour Hoffman –– had similar intentions but dramatically different outcomes. The difference: The prudent use of revocable trusts. With foresight and planning, trusts are relatively simple to create. Philip Seymour Hoffman had three children with Marianne O’Donnell, a woman he treated like a spouse but never married. He apparently did not believe in marriage. He also did not believe in making his children “trust fund kids,” so he did not create revocable trusts for them. Instead, he left all of his money to Ms. O’Donnell. Because Hoffman and O’Donnell were never married, Hoffman’s $35 million estate had to pay $15 million in taxes. What’s more, by going through probate, specifics of his estate became public. A revocable trust would have kept matters private.

Robin Williams took the trust route with his estate, estimated to be approximately $50 million. He created one trust for his three children, enabling them to inherit portions at age 21, 25 and 30. The second trust held his real property and will presumably go to his wife.

Not everything was perfectly executed in Williams trusts, however. When a co-trustee died in 2008, an attorney had to petition the court for a replacement, thus making the details public. Had the original trust named someone with the power to appoint a successor trustee, the trust would have stayed private.

These lessons are simple, and apply regardless of the size of your estate: • Consider the value of trusts to retain privacy and reduce taxes. • Be sure to keep all estate documents updated. Failure to do so can be expensive.

Marijane Cauthorn is the managing partner for Cauthorn Nohr & Owen. Contact her at mec@cauthornnohr.com

Why Every Family Needs A Will

By Marijane Cauthorn

Frequently the phrase “if I die” comes up during estate planning conversations with clients. Yet it is never a matter of if, only when. According to some estimates, nearly half of Americans with children do not have a Will, Power of Attorney, or Health Care Directive. Additionally, more than 40 percent of Baby Boomers do not have their estate planning completed. An estate plan can prevent family disputes, ensure your assets are passed to the beneficiaries of your choice and identify guardians for minor dependents.

A Will, Power of Attorney and Health Care Directive are a few of the documents to consider establishing for your family.

Some people believe that their spouse and dependents will automatically inherit their assets. That is not necessarily the case in Georgia. An estate without a will must go through the probate court. The court will make estate decisions for you, including who will care for your children. Probate court will cost your family money and can tie up an estate for months or even years. It is better to take the time to make your decisions now than to wait for the unexpected to occur.

Are you ready to set up a meeting with an attorney at Cauthorn Nohr & Owen about your estate planning? Here’s what you’ll need:

• Beneficiaries: Bring names, addresses and their relationship to you

• Executor of the estate as well as an alternate executor: Bring names and addresses

• Guardians for minor children: Bring names and addresses

• Estate: Bring a list of both your accounts and real property. Also bring a list of personal items if you wish to leave specific items to individuals

• Family business information: We’ll discuss the benefits of setting up the family business as a limited liability asset

• Charities: Determine if you want to donate a portion of your assets to a charity

• Identify and document digital assets: Accounts, user ids, and passwords need to be inventoried and made available to an executor

• Questions: Make a list of questions you have for your attorney

Your Will should be reviewed and updated if you get a divorce; marry; adopt or have children; a beneficiary, guardian or executor dies; you move to another state; or your financial situation greatly changes. Once your estate planning is completed make sure you have copies made, stored in a safe place, and given to a trusted source.

Facing end-of-life decisions can be emotionally difficult, it is natural to procrastinate. Procrastinating is never a good idea. Let’s get started today.

Marijane Cauthorn is CNO's managing partner