- Divorce
- Child Support
- Child Custody and VisitationThe breakup of a marriage is more traumatic for the children than for the parents. Thus, parents should exercise great care to minimize the emotional toll on children when a separation takes place. When parents separate, decisions regarding the custody and support of the child must be made. If the parents are not able to resolve these issues, the decision will be left to the court. When deciding issues regarding child custody, the courts will consider a number of factors including the preference of the child, the mental and physical health of the parents, the relationship between the child, the parents and siblings.
- Adoption
- Premarital Agreement
- GuardianshipA Durable Power of Attorney is a document that empowers another individual to carry on your financial affairs in the event you become disabled or incapacitated. Without a Durable Power of Attorney, it may be necessary for one of your loved ones, including your wife or adult child to petition a court to be appointed guardian or conservator in order to make decisions for you when you are incapacitated. This guardianship process is time consuming, expensive, often costing thousands of dollars and it can be emotionally draining for your family.
- Spousal Support
- Restraining Order
- Corporate LawWe also consult with business owners and draft shareholder agreements or partnership agreements as part of the entity formation process.
- Mergers and AcquisitionsEach state has its own corporate statutes that govern the procedure for mergers. Furthermore, state or federal agencies may wish to investigate the potential anticompetitive effects of a proposed merger. Because of the requirements and variables involved in merging, a corporation considering a merger should consult a lawyer who is experienced in mergers and acquisitions law.
- Business Formation
- Business DisputesOur firm advises and represents companies and entrepreneurs with a broad range of business related services. We advise our clients on business law, start-up assistance relating to the formation of an entity, the protection of a trademark or license agreement and assist with buying or selling a business.
- Business Transactions
- Construction Contracts
- Real Estate LitigationPractice Areas: Residential and Commercial Real Estate, Real Estate Litigation, Estate Planning, Estate Litigation, Business and Non-Profit Formation, General Business Litigation, Business Planning, Tax Planning, Consumer Law, Domestic Relations, and Veterans Benefits.
- Construction Litigation
- Real Estate TransactionsBuying or selling a home is probably the most significant financial transaction that anyone undertakes in their lifetime. While this can be an exciting time, without the proper legal guidance, the process can be frustrating, overwhelming and more expensive than necessary. Even if there are no obvious disagreements between the Buyer and Seller it is advisable for each party to enter into real estate transactions with their own attorney who can help steer them away from common pitfalls and make the transaction an enjoyable experience.
- Easement
- Land Use and Zoning
- Landlord-Tenant DisputesParker & McMakin Law Group is located in the Richmond, Virginia area and serves the counties of Henrico, Chesterfield, Hanover, Middlesex, Gloucester, Mathews and Goochland; and the cities of Richmond, Glen Allen, Midlothian and Manakin Sabot. All Parker & McMakin Law Group attorneys are former or active service members and are committed to helping the military community.
- Personal InjuryYes, you should still establish a Special Needs Trust to protect your disabled beneficiaries from potential creditors. For example, if your disabled beneficiaries are ever sued in a personal injury action, the assets in the trust would not be available to the plaintiffs. Furthermore, because the funds in the Special Needs Trust are not countable as available assets for purposes of determining government benefit eligibility, more of your money can be used for those supplemental expenditures that will allow your disabled beneficiary to enjoy a higher quality of life. Otherwise, much of your assets will be used to pay for private care benefits that are extremely expensive and can drain even significant sums of money over time.
- Estate PlanningWhile nobody wants to think about death or disability, establishing an estate plan is one of the most important steps you can take to protect yourself and your loved ones. Proper estate planning not only puts you in charge of your finances, it can also spare your loved ones of the expense, delay and frustration associated with managing your affairs when you pass away or become disabled.Â
- WillsIn order to contest a Will, one has to have legal “standing” to raise objections. This usually occurs when, for example children are to receive disproportionate shares under the Will, or when distribution schemes change from a prior Will to a later Will. In addition to disputes over the tangible distributions, Will contests can be a quarrel over the person designated to serve as Executor.
- TrustsGovernment benefit eligibility is preserved while at the same time providing assets that will meet the supplemental needs of the person with a disability (those that go beyond food, shelter, and clothing and the medical and long term supports and services of Medicaid). The Special Needs Trust can fund those additional needs. In fact, the Special Needs Trust must be designed specifically to supplement, not replace public benefits. Parents should be aware that funds from the trust cannot be distributed directly to the disabled beneficiary. Instead, it must be disbursed to third parties who provide goods and services for use and enjoyment by the disabled beneficiary.
- Power of AttorneyIf you become incapacitated, you won’t be able to manage your own financial affairs. Many are under the mistaken impression that their spouse or adult children can automatically take over for them in case they become incapacitated. The truth is that in order for others to be able to manage your finances, they must petition a court to declare you legally incompetent. This process can be lengthy, costly and stressful. Even if the court appoints the person you would have chosen, they may have to come back to the court every year and show how they are spending and investing each and every penny. If you want your family to be able to immediately take over for you, you must designate a person or persons that you trust in proper legal documents so that they will have the authority to withdraw money from your accounts, pay bills, take distributions from your IRAs, sell stocks, and refinance your home. A will does not take effect until you die and a power of attorney may be insufficient. Â
- Probate
- Foreclosure
- Tax Law