Some people take on temporary positions to supplement their income, while some work seasonal jobs as a lifestyle choice. Others take on a variety of seasonal contracts in order to try different things.

Whether you’re a manager who wants to ensure a great employee returns next year or a student looking for a job reference, it’s important to end the season on a good note.

Related documents: Employment Contract, Employee Evaluation

What is seasonal work?

Some businesses have an influx of work at certain times of the year, while others may only operate seasonally. By hiring seasonal workers, these companies can bring on temporary staff to cover the extra work just while they’re needed. This way, employees aren’t abruptly and unexpectedly let go.

Some typical seasonal jobs include:

• Retail jobs during the holiday shopping season
• Outdoor work, such as construction, landscaping, and snow removal
• Recreation jobs at a summer camp, outdoor pool, national park, or ski resort
• Internships or co-op positions

Tips for employers

Ending seasonal employment allows you to leave the door open for them to return next season. Workers with a positive experience are also more likely to let their friends know about the position next season and leave positive reviews on hiring websites like Glassdoor.

Review the employment contract

Being aware of how the Employment Contract presents the worker’s employment term to ensure the employee has a smooth transition leaving the company.

Some seasonal contracts end on a set date, but others require you to provide notice to terminate employment. If that’s the case, ensure you give your employees sufficient notice (usually two weeks) that their contract is ending.

Acknowledge their good work

As with any employee, it’s a good idea to conduct a performance evaluation to ensure your workers know that their hard work is recognized, particularly if you’d like them to come back next year. Seasonal workers who know they’re valued and had a fulfilling experience are more likely to return.

If you have any feedback, remember to be clear, specific, and fair. For example, don’t fixate on a small error made on the first day. When giving constructive criticism, you should clarify the standards expected and provide concrete steps to improve. An Employee Evaluation can formalize the performance evaluation.

Provide an opportunity for feedback

Giving your workers the chance to provide feedback in an exit interview can help them feel valued. Employee feedback also provides you with valuable insights on what you’re doing well and where your business or leadership can improve.

To capture accurate feedback, make sure the employee feels comfortable. If you think your employees may feel too restricted in a face-to-face meeting, you can give them a survey.

Would they like to return?

Share your hiring projections for next year (e.g. how many individuals you plan to hire) and ask your valuable workers if they’re interested in returning. This way, next season, they know they can check in with you first before looking elsewhere.

Tips for employees

Whether you want to return next year or simply want a good reference, it’s important to leave a great impression with a company.

Keep working hard

Many seasonal workers are filling the gaps between school terms or in the off-season of their regular jobs. However, seasonal work is still work, even if it’s over your vacation.

Thank your coworkers

Reach out to the supervisors or seasoned coworkers who trained or mentored you and thank them in person or with a note.

Acknowledging the team is not only considerate and kind but also may improve your chances of being rehired. When hiring next year, your boss may look to the permanent staff for advice or ask veteran seasonal employees who they’d like to work with again.

Sit down with your boss

Ensure your boss knows your last day is approaching to ensure they get your paperwork in order and avoid leaving a gap in their schedule. Chances are your boss will set up an exit interview or performance evaluation, but if they don’t, it’s a good idea to request a meeting.

When you sit down with your boss, be sure to thank them for the opportunity, discuss what you’ve learned, and outline where you want to grow. If you’re a student or recent graduate who is building their resume, this is also a good time to ask whether your boss is willing to act as a reference or write you a recommendation letter.

Voice your interest in future opportunities

If you’d like to return next year, make sure your manager knows. You can show you’re serious by asking about opportunities to move up and ways you can develop your skillset during the off-season.

Similarly, if you’d like to turn your seasonal job into a permanent position, express your interest as soon as possible. Ask your boss whether full-time opportunities presently exist. How have others built their career with the company? What skills and training are necessary to be a permanent employee? Bear in mind that your performance during the season will likely affect if management asks you to stay or not.

Keep in touch

You can maintain the relationship you built with your boss and the company in a few different ways. The easiest way is by following the company on social media and interacting every so often by liking posts or congratulating them on their achievements.

Another way to keep in touch is by sending the occasional email to your supervisor or mentor. In the email, you can mention good news you heard about the company, request advice related to your experience at the company, or if you haven’t yet expressed interest in returning, inquire about future opportunities. The main goal is to maintain the relationship and keep yourself in the front of their minds for opportunities that arise.

Leaving the door open

Whether you’re the manager or employee, it’s essential to leave a good impression after the seasonal work is complete. Following these tips can help you end the season on a high note and sustain your relationship.

The post How to End a Seasonal Contract on a Good Note appeared first on LawDepot Blog.

How enforceable are these strict “no competition” rules for employers and employees, and what do you need to know when it comes to using or abiding by these clauses?

Related documents: Non-Compete Agreement, Employment Contract 

What is a non-compete clause?

A non-compete clause is part of an employment contract originally intended to protect confidential company information (such as intellectual property, client lists, or financial data) from leaking to competitors through employees.

It generally means that former employees cannot work for their company’s competition for a predetermined time after they have worked for their current employer.

Employers

In an employer’s eyes, non-competition clauses mitigate the risk of entrusting employees with private material. Consulting and contractor agreements also frequently use these clauses because of the high risk of temporarily hiring someone to complete a project.

Employees

Executives, partners, or officials used to be the only ones to use non-compete clauses. These are jobs where the employee is privy to important information that, if compromised, could lead to lost clients or stolen ideas.

These days, non-compete clauses are showing up in almost every industry. This may be because there is more to protect, or that the means of relaying this information has become easier. It could also be because people are valuable commodities, and losing talented minds to the competition is a great hit. Not only are they an asset, but they may take what they know about one company and use it at another.

Are non-competes enforceable?

It depends on the circumstance. Each situation is slightly different. Judges will look at several factors when deciding on a ruling for these types of cases, including:

• Local or regional restrictions: Generally, outlandish geographical restrictions (like state-wide regulations) aren’t enforceable because it is unreasonable to the employee. A local area restriction may pass, so long as it is necessary to protect the employer.
• Time restrictions: While there is no limit on the time period an employer can specify, the longer it is, the more likely it won’t be fair to the employee.
• Type of industry, work or specific company: Businesses who have direct competitors may indicate the company they wish former employees to avoid. However, an employer can’t put restrictions on the field of employment in general.
• Circumstance: Sometimes non-competes are contingent on whether the company terminated the employee or if they left the company voluntarily.
• Economy: If the non-compete clause interferes with the local economy, such as putting another company out of business or restricting the competition, it may not be enforceable.
• The employee’s ability to find work: An employee should be able to find a job after leaving their current one. If the court finds the non-compete too restricting, it won’t hold up.
• Too broad or unnecessary: If the employer has created unnecessary restrictions on its employees, the court will not uphold the non-competition clauses. For instance, if they forbid the employee from finding work with a competitor in the entire state for four years.
• Type of work being done/job position: If an employee doesn’t have access to confidential information or trade secrets, courts may deem the non-competition clause unnecessary as they can’t leak sensitive material.

Drafting a non-compete agreement

Non-compete clauses are not allowed in certain states, such as California, except in very strict circumstances. Always check with your state employment laws before using non-compete clauses or signing a document with one.

Using a non-compete is a way to protect your company’s confidential information, but you should only use one where it is warranted and make sure the terms are reasonable. Think about whether a judge would consider your terms fair to protect your company.

Signing a non-compete agreement

If an employer asks you to sign an employment contract with a non-compete clause, make sure you read the fine print and ask yourself if the non-compete clause is relevant to your job, fair, and reasonable to you as an employee.

With the world heading digital, non-competes are a hot topic. As competition heats up and employees change jobs more frequently, there is a stronger need to keep secrets locked down and valuable employees at your company. Using a non-compete clause properly can protect your company.

The post The Non-Compete Clause: Is it Enforceable? appeared first on LawDepot Blog.

Finding that perfect roommate can be a challenge though, especially if you have to find a stranger to live with.

Use these tips to take the stress away from finding and living with your college roommate.

Related documents: Roommate Agreement, Residential Lease Agreement, Lease Amendment

Screen potential roommates carefully

Whether you’re looking for a roommate to share your space or seeking someone to move in with, make sure that you learn enough about the person to make an informed decision.

Post an ad that highlights your ideal qualities for a roommate. For instance, you may prefer someone who is tidy, has similar interests as you, and has a stable income. Interview any applicants and consider asking similar questions that a landlord asks during the tenant screening process.

If you’ve signed a lease, it’s important that your roommate complies with the terms of your lease agreement. Go over the existing contract with them and inform your landlord of the new occupant on the premises. If your roommate plans to pay the landlord for their share of the rent directly, you may need to amend the lease to list your roommate as a tenant. In this case, your roommate will have the same tenant rights and obligations as you.

Benefits of having common personality traits as your roommate

Having similar personality traits as your roommate helps avoid tension and conflict during your time together.

Living with someone who is the complete opposite of you may be fun for a time. But if you’re an introvert and your roomie is an extrovert, you may have trouble sleeping or studying when your roommate brings loud guests over.

In addition to asking applicants about their ability to pay rent and comply with lease terms, ask about their class schedule, cleaning habits, and personal boundaries. These questions will give you an idea of the type of roommate they’ll be.

Read more: Are Verbal Agreements Legally Binding?

Clearly define rules and expectations

It’s important to set house rules so that everyone is clear on personal boundaries and responsibilities.

A Roommate Agreement can include house rules about:

• Private time and quiet hours
• Guests and significant others
• Cleaning and chores
• Bathroom and kitchen schedules
• Thermostat expectations
• Conflict resolution

Discuss all of the terms before signing the agreement. Everyone should agree to the rules for the contract to be valid. It might seem formal to have a written contract, but it’s the best way to keep roommates on the same page and avoid future conflicts.

Survive and thrive with your college roommate

A roommate not only helps when times are tight with money, but they can also be a great companion to have while struggling through your college years. Ensure you find the perfect roommate by screening applicants carefully and setting up a solid Roommate Agreement.

The post How to Survive Your College Roommate appeared first on LawDepot Blog.

It’s important to know the different kinds of leave you’re entitled to by law, as well as your employee benefits. Whether you’re just entering the job market, starting a new job, or curious about your options, this post will answer your questions about employee leave.

Is there federal legislation regarding employee leave?

Many countries have government-regulated employment standards that guarantee leave for circumstances such as illness, child care, vacation, and bereavement.

In the U.S., the Family and Medical Leave Act (FMLA) was enacted in 1993 to guarantee job-protected unpaid leave to employees who need time off for family or medical reasons. In most cases, you’re entitled to 12 weeks of unpaid leave within a twelve-month period.

To be eligible for FMLA leave, the following requirements must be met:

• Your company must have at least 50 employees who work within 75 miles of the location
• You must have been employed with the company for at least 12 months
• You must have worked at least 1,250 hours in those last 12 months

Am I entitled to parental leave?

Federal law guarantees unpaid parental leave to employees, but access to paid leave depends on your state’s legislation and employer’s policy.

New parents (including same-sex partners, as of February 2015) are entitled to 12 weeks of unpaid leave after a child’s birth, so long as the leave is completed within 12 months of the birthdate. Similarly, you’re eligible for unpaid leave after a child’s placement into foster care or adoption, within 12 months of the placement date.

The cities of New York and San Francisco recently mandated paid parental leave, but aside from that, employers are generally at liberty to decide whether to provide paid leave and for how long.

New mothers often have more access to a paid leave period than new fathers, but things are beginning to change. A few states have recognized the number of spouses using vacation or sick days to spend time with their newborn, and have enacted paid family (as opposed to maternity) leave. Likewise, some companies are beginning to offer paid paternity leave.

Read more: Birth Plans: How to Make The Best Use of Your Time

Am I entitled to sick leave?

Federal law permits eligible employees a leave of twelve weeks if they have a serious health condition that prevents them from working. With the exception of a few states and jurisdictions, employers in most localities aren’t required to provide paid sick leave or sick days.

Nevertheless, most businesses recognize that attracting the highest quality employees in a competitive market requires a comprehensive benefits package, including a certain number of paid sick days. Keep in mind that employers are legally permitted to verify whether you’re using a sick day for its intended purpose, such as requiring a doctor’s note.

Increasingly, however, companies are providing paid time off for employees to deal with personal matters. A “personal day” can be used at your discretion to care for a sick child or attend appointments.

Just as you’re guaranteed time off to deal with a serious health condition, the FMLA allows employees to take a twelve-week unpaid leave to care for a child, spouse, or parent with a critical illness. The exception to this rule is military caregiver leave, which gives you twenty-six weeks to care for a service member with a serious injury or illness.

In most cases, you won’t need extended leave to care for a sick family member. As mentioned above, many companies now give paid personal days, which can be used for things like caring for a sick child or a parent in the hospital.

How does workers’ compensation work?

Federal workers’ compensation laws guarantee paid health care and a portion of your income if you’re injured while on the job and cannot perform your usual duties. In addition, some states have provisions for job protection while you’re away.

If you’re on workers’ compensation leave, your company may take that time out of the 12 weeks of leave you’re guaranteed by the FMLA. If that’s the case, keep in mind that workers’ compensation laws don’t require employers to continue benefits, while the FMLA does. As a result, you can still access your benefits while you’re on leave.

How does holiday and vacation time work?

In the U.S., the Fair Labor Standards Act doesn’t require employers to offer paid federal or other holidays. Regardless, some businesses still choose to pay their employees on holidays such as Thanksgiving and Christmas.

When it comes to vacation, the employer decides how many days to offer, and whether they will pay staff. Generally, vacation time is accrued by eligible employees on a monthly basis or after a certain number of hours worked. If you’re a new employee, you may have to work a certain amount of time before you can begin accruing vacation time. Once you have, there may be an additional waiting period before you can take time off.

Vacation time may be capped at your company, meaning that there’s a limit to the number of days you can earn. Once you hit the limit, you must take time off before you can earn more. This policy aims to promote a healthy work-life balance by encouraging employees to regularly take time off work.

How does bereavement leave work?

Although the FMLA gives eligible employees time to care for family members with an illness, you’re not guaranteed funeral or bereavement leave.

That said, employers can recognize the emotional toll of losing a loved one, and generally offer a bereavement leave of three to five days. If you have additional responsibilities, such as making funeral arrangements or serving as executor of your family member’s estate, you may be granted an extended leave of absence to complete your duties.

Is jury duty paid time off?

If you’re called to jury duty, state laws require your employer to give you time off. Some states even require businesses to provide paid leave for jury duty, but many employers offer paid leave anyway.

Note that most states also have laws preventing employers from pressuring you to get out of jury duty, and from penalizing or firing you for taking leave to serve on a jury.

Can I take time off from work to vote?

Much like jury duty, nearly every state requires businesses to grant employees time off to vote. In some states, the time off must be paid, while in others it’s up to the individual employer to offer paid leave. You’ll typically be permitted two to three hours to visit the polls, but be sure to check with your employer to see whether you need to request time off in advance.

Knowing Your Benefits

The U.S. falls behind other industrialized countries in mandating paid leave, but many argue that a one-size-fits-all approach would limit company flexibility and innovation. In other words, state legislators and individual employers may be best suited to determine the policies that will most benefit the business and its employees.

In any case, it’s important to familiarize yourself with labor laws and, when you start a new job, acquaint yourself with your employee handbook.

The post Employees: What Types of Leave Are You Entitled To? appeared first on LawDepot Blog.

Without a written agreement, employers may be at risk of certain liabilities and employees may not feel secure in their role. In fact, employment laws often require workplaces to create Employment Contracts for certain job positions. So it’s important to understand how job agreements work before you sign a legally binding document.

Learn about the main terms and conditions found in an Employment Contract, including job title and duties, compensation, and restrictive covenants.

Reviewing the job title and duties in an Employment Contract

The job title and duties in an Employment Contract should match the description in the original job posting. If a candidate applies and interviews for a certain position, they’ll be surprised to see something different in their employee agreement.

If there are discrepancies, prospective employees should discuss them with the hiring supervisor or human resources manager before signing. It’s possible that there was just a clerical error. But if you suspect your employer has different expectations of you, voice your concerns or leave before you’re bound to a written contract.

For instance, an employee might interview for a manager position but find their job title changed to a supervisor or lead position when signing their contract. While a small change in wording like this doesn’t seem like much, it can affect things like wages, benefits, and responsibilities.

Read more: 15 Questions You Can’t Ask Employees

Discussing salary in an Employment Offer Letter

Many employers send an Employment Offer Letter to summarize the key terms and conditions of employment, such as salary and start date. An offer letter helps automate the hiring process and outline any preconditions for employees.

A prospective employee should review this letter and discuss any concerns with their employer before signing a formal Employment Contract. It’s crucial to understand workers’ compensation and how performance-based incentives affect salary or an hourly wage. An offer letter and job agreement should outline these key details.

Candidates often agree to the main terms, but they may wish to negotiate their starting wage. The offered salary may differ from a candidate’s initial expectations. For instance, the employer may divide part of the salary into commission, bonuses, or other benefits.

If you’re applying for a job, research the average salary of a job role to determine the wage you want and the wage you’ll settle for. Then, practice explaining your value to a potential employer.

Employers may discuss compensation in the interview process, or they may bring up a number in an offer letter or employee contract. In either case, candidates should prepare to talk about the value they can bring to a company. Effective negotiation takes practice but can help employees secure the compensation they deserve.

Outlining work hours in an Employment Contract

Employment Contracts typically outline an employee’s type of hours and vacation.

For instance, the document should specify if the work is permanent, temporary, full-time, or part-time. It might also specify the hours an employee must be at work, such as from 9:00 a.m. to 5:00 p.m.

While many employers offer at least two weeks of vacation per year, some require employees to accrue vacation and sick time as they work. Others require new employees to complete a probation period (usually three to six months) before using any time off benefits.

Compensation for overtime often varies by company and industry. If you’re an employer using LawDepot’s Employment Contract template to customize an agreement, consider adding a clause to address overtime.

Some employers pay their staff overtime at time-and-a-half for each extra hour worked. Others will bank overtime for time off in lieu. In either case, it’s important to agree in writing how overtime works.

When looking into overtime, you should consider:

• When overtime kicks in: Does it kick in after working more than 8 hours in a day? Does it only take effect if after working more than 40 hours per week?
• How much the wage increases without banked time: Does it increase at time-and-a-half, double-time, or in increments as overtime hours increase?
• How to use banked time: Does the employee get time off? Can they exchange banked time for their hourly or overtime wage? Can you do a mix of both time off and payout?

Be sure to look at your local or state employment laws as well, as there may be regulations for overtime.

Read more: Frequently Asked Questions About Taking Vacation From Work

Adding restrictive clauses in an Employment Contract

A restrictive clause, also called a restrictive covenant, prohibits an employee from taking an action that could potentially cause harm to the employer. For example, an employer may add any of the following clauses to a contract:

• Non-compete: A non-compete clause prevents the employee from unfairly competing against the employer during employment and after it ends. For example, an employee cannot open a competing business while employed with their current company.
• Non-solicitation: A non-solicitation clause prevents an employee from recruiting any of the company’s employees or contractors after said employee has left the company. Although poaching is popular in many industries, a former employee who is bound by a non-solicitation clause cannot participate in this practice without the risk of getting sued.
• Confidentiality: A confidentiality clause keeps employees from divulging the company’s confidential information to unauthorized third-parties. For instance, a breach of confidentiality may occur if an employee leaves one company for a competitor and passes on proprietary information.

Employees should read through these restrictive clauses carefully and abide by the rules when changing employers. Adhering to these promises will likely prevent a lawsuit.

However, employers should keep in mind that restrictive clauses must be reasonable. If the restrictions are too broad or last too long, a judge may remove the clause from the contract.

Read more: “Off the Record” vs. a Non-Disclosure Agreement

Signing an Employment Contract with confidence

Whether you’re an employer drafting an Employment Contract or an employee signing one, filling a job position presents new opportunities. Take the time to review the agreement carefully so that it accurately reflects the rights and responsibilities of all the parties involved. After all, a written contract protects both employers and employees.

The post 4 Things to Consider Before Signing an Employment Contract appeared first on LawDepot Blog.

To understand the difference between signing a contract and a contract coming into effect, there are two terms that are important to know: effective date and execution date.

What is the execution date of a contract? 

The execution date is the day both parties sign the contract. It’s when both parties agree to terms and conditions as the contract outlines. However, this isn’t necessarily the same day the contract comes into effect. So, what is the effective date of a contract?

The day when the contract becomes effective is known as the effective date (or contract effective date), which may be different from the execution date. This date cannot precede the execution date, meaning a contract cannot be in effect until after all parties sign it. By signing the contract, all parties are stating that they agree upon the effective date.

The effective date is when your obligations outlined in the contract begin. If you fail to meet your obligations to the contract after this date, the other parties involved can now sue you for breaching the contract. It’s important to note the effective date of the contract because you need to know when your obligations begin.

Contract effective date vs. execution date

In many circumstances, the execution date of a contract occurs before the effective date. In these circumstances, the date on which all parties sign the contract is different from the date the contract comes into effect. 

For example, if you’re moving into a new apartment, you may sign the Residential Lease in advance. Often, a landlord and tenant will sign the contract weeks or sometimes months in advance. Though you may sign the lease well before you officially move into your new rental property, you are not bound by the terms of your lease until after the effective date. For most leases, this is the first day of your fixed term or automatic renewal lease agreement. It’s also often the day you get the keys and can start moving in.

This means even if you signed your lease months before moving in, you’re not obligated to keep the unit clean, pay rent, or anything else until your lease actually begins (unless something in your contract specifies otherwise). Conversely, you are also not allowed to live on the premise until the effective date either. 

That being said, a contract isn’t considered valid until all the necessary parties sign it. For example, if the effective date of the lease is September 1st but today is September 3rd and the required parties haven’t signed the contract, it isn’t valid. 

Depending on the contract, the effective date and the execution date can be one and the same. Carefully read your contract to determine exactly when it starts. However, keep in mind that there are different ways of writing an effective date into a contract. 
Sometimes an effective date is a fixed date that is explicitly stated. However, the contract might not begin on a fixed date and may be conditional instead. If a contract begins on the date all parties sign it, that is a conditional effective date. A contract could also start after important documents have been filed with the state or the date on which a license is issued.

What is the difference between effective date and commencement date?

A commencement date is the day on which activities in the contract commence. This is basically another term for an effective date. While we recommend using the term effective date, you might see the term commencement date from time to time, especially in residential leases. 

When signing your next contract, take the time to read the document thoroughly. Now that you know the difference between an effective date and an execution date, pay attention to the document to see exactly when it comes into effect. 

Knowing the difference between the two dates is critical to ensuring you handle your contracts properly. You’ll understand when your role in the contract comes into effect, and protect yourself from potential legal action.

The post What Does “Effective Date” Mean in a Contract? appeared first on LawDepot Blog.

A potential name change can be a touchy subject to discuss with friends, family, and your spouse. In fact, some wedding gifts and well wishes may be made out to you with the assumption you’ll change your name. But ultimately, the decision is up to you.

There are plenty of options for you to consider when changing your name. It’s no longer the cut-and-dry case of a bride changing her given name to match the groom. Instead, many couples embrace new and unique alternatives.

Before you make a decision, reflect on the different name change options and how a name change affects your life going forward.

Related documents: Estate and Healthcare Planning

What are my options for a legal name change after marriage?

Keep your surname. This option continues to grow in popularity. It’s also the least complicated choice. If you’re both keeping your last names, there’s no need to stress about updating personal, legal, and financial documents.

• Pros: You don’t have to go through the name change process and it won’t affect you professionally. In fact, if you’ve already established your career, keeping your name supports your well-known reputation.
• Cons: Certain situations may require you to prove your marriage is legitimate. For example, you may need to present your marriage certificate if your partner becomes ill and you want to make healthcare decisions on their behalf.

Keep your surname professionally. You may have built your career or business around your name. If so, keeping your professional identity separate from your married identity may be the way to go. You might change your name legally, but continue to use your given name professionally.

• Pros: It won’t affect your professional life, but you’ll have the same last name as any children that you have with your partner.
• Cons: Having two names may be difficult to keep track of. Explaining this to employers, clients, and business acquaintances may become tedious.

Make your surname your middle name. If you want the best of both worlds, make your last name your middle name and take your partner’s name as your last.

For example, Jesse Miller marries Steve MacDonald and changes her name to Jesse Miller MacDonald.

• Pros: It’s an easy way to add your partner’s name to yours without giving up a part of your identity.
• Cons: Some last names just don’t make nice middle names. This option may also give you quite a long moniker.

Use each other’s last names as middle names. This romantic gesture doesn’t affect your professional name. You both keep your surnames but take on a part of the other person’s name as well.

• Pros: It’s a nice way to include your spouse’s name without dramatically changing your personal or professional identity.
• Cons: Again, some last names make for unpleasant middle names and lengthy signatures.

Hyphenate both names. This is a common solution to the name change issue. Either one partner or both hyphenates their last name with their partner’s.

• Pros: It’s an easy solution that often pleases both parties and their families. If you have a professional reputation, people will still be able to find you.
• Cons: Hyphenating your names could result in a long, awkward, and complicated last name. If you have children, they may not keep both names.

Combine your names. This a creative and interesting approach that adds a new level of unity to your relationship.

Example: If your last names are Miller and MacDonald, MacMiller might be the surname for you and your spouse.

• Pros: It adds to the feeling of having a family unit, and it keeps one of you from feeling bitter about changing your name. It represents the merging of your families together.
• Cons: It’s going to be an adjustment for everyone in your life. Not only will you have to change it legally, but you’ll also have to explain it to everyone you know.

Create a last name. Make up a last name that works for both of you. Base it on shared interests, a mix of the letters in your current surnames, or take the name of an influential ancestor from long ago.

• Pros: If you’re both willing, it’s a creative and individualistic way to set your family apart in its own group.
• Cons: Friends and family will either love it or hate it. People will be confused and may not approve.

Change your name to your match your spouse. This is the most traditional option. Usually, a bride takes her husband’s last name. However, some adventurous grooms take the last names of their wives. Plus, same-sex couples are making their own traditions.

• Pros: Most people expect this type of name change. It also makes it easier if you have children, travel together, or have any medical issues.
• Cons: If you’ve built yourself a professional reputation using your surname, changing it may cause confusion and a loss of reputation and profit.

How would a name change affect my child?

The name you choose to keep or take has an effect on your family, including any future children that you may have. What works for you as a couple may not work as well for your family. Though it might seem cute and clever to you, it may cause your kids embarrassment or your family to feel disrespected.

If you keep your last name, whose name will you give to your children? If you hyphenate, they may not keep it that way when they decide to get married or have children. The same goes for any other creations or combinations of surnames you take.

On the other hand, having a different last name from your children can make travel, hospital visits, and school pick-ups more of a hassle than if you had the same surname.

If you end up getting a divorce or separation, think about if you would keep the name that you chose when you got married. Remember that even though you may no longer want to keep it, any children that you have might.

Changing a minor child’s name typically requires the consent of both parents. In many states, you’ll have to file a petition in court, attend a hearing, and provide a valid reason for the change. If your spouse objects to the change, you may both need to testify before a judge makes a decision. Depending on your child’s age, they might also have to sign a consent form.

Legal processes vary by state, but it’s best to perform a name change according to the law so that you avoid problems later.

Read more: 3 Documents Every Parent Needs When Traveling With Children

How much does it cost to change your name?

A legal name change can cost hundreds of dollars, but the price varies depending on where you live and the type of name change. In the United States, expect to pay anywhere from $100 to $400.

For example, typical fees for a less traditional name change include:

• Filing a petition in court
• Publishing a notice of the change in a newspaper
• Hiring an attorney (which you may need if someone contests the change)
• Changing the name on official documents, such as a birth certificate or license

If the name change involves a wife taking the last name of her husband, you’ll likely be able to avoid a lengthy court process. In this case, simply provide your marriage certificate to the institutions responsible for changing names on official documents (such as your bank or local registry).

What documents do I need to update after a name change?

You should update all official documents and accounts after a legal name change, including your:

• Social Security Number
• Driver’s license
• Health cards
• Passport
• Banking information
• Insurance, bills, utilities
• Social media and email address

Importantly, remember to update your estate planning documents. Marriage is a major life event that affects several legal and financial aspects of your life. As such, you must ensure that documents such as a Last Will and Testament, Health Care Directive, and Power of Attorney reflect your current status and wishes.

Don’t forget to inform your doctor, landlord, employer, and post service as well.

Read more: How Marriage Affects Your Legal and Financial Status

Changing your name after marriage

Remember that the name change process isn’t always cheap or easy, and it may affect future generations of your family too. But, ultimately, the name that you choose is one that you’ll have to live with. The name should suit both your personality and your beliefs.

The post You’re Married—Should You Change Your Name? appeared first on LawDepot Blog.

What is a no-contest clause?

You can include a no-contest clause (also known as an in terrorem clause) in your Last Will or Living Trust. Generally, this type of clause stipulates that if an heir tries to contest any part of your Will or trust, they will forfeit their inheritance.

Some people use them as a way of controlling the lives of their beneficiaries. However, the main purpose of a no-contest clause is to stop your beneficiaries from fighting over your estate after you pass away. The possibility of losing one’s inheritance often persuades heirs to accept your last wishes as written instead of fighting for more assets or money.

Are no-contest clauses in Wills enforceable?

Typically, courts enforce no-contest clauses unless the contesting beneficiary has probable cause for disputing it. Probable cause can exist in situations where the conditions of inheritance are unreasonable, such as trying to control an heir’s physical appearance.

However, a reasonable condition, such as an heir having to wait until they are 21 years old to receive their inheritance, is most often enforceable.

That being said, there are still differences from state to state as to how these clauses are accepted or struck down.

For example, let’s say a father who lives in Florida leaves his entire estate to his daughter and includes a condition that she divorces her husband and a no-contest clause.

Initially, his daughter might think she’s out of luck. However, what she doesn’t know is that Florida is one of the states that doesn’t enforce no-contest clauses in wills and trusts. So, it’s likely that she could take her complaint to court without losing her inheritance.

Also, if she lived in another state where the rules of enforcement differ, she might still be able to contest the Will. In some states, courts don’t enforce conditions that restrain a marriage, even if there is a no-contest clause.

Should I include a no-contest clause in my Will?

If you’re going to include a no-contest clause in your Will, make sure you’re doing it for the right reason. Don’t use a no-contest clause to attempt to control a family member’s life or choices.

A no-contest clause should make the distribution of your assets easier and quicker. If properly executed, this clause can protect your loved ones from legal disputes and ensure your wishes are honored.

The post No-Contest Clauses in Last Wills appeared first on LawDepot Blog.

Typically, when you create a Last Will and Testament, your main concern is distributing your estate after your death. You select beneficiaries to receive family heirlooms and set up trusts for minor children to receive when they reach adulthood.

But, if you’re looking for some creative inspiration, here are some of the strangest requests people have made in their Last Wills.

Read more: What is a Holographic Will?

Animal heirs

Many people leave provisions in their Wills for the ongoing care of their beloved pets. They may name a pet guardian and leave money to cover expenses. Some take a step further and leave large chunks of their estates (or even their entire estate) to their pets.

Florida heiress Gail Posner passed away in 2010. She left her mansion and a $3 million trust fund for her dogs Conchita, April Maria, and Lucia.

Leona Helmsley, the so-called “Queen of Mean” hotelier, left instructions in her Will to establish a $12 million trust for her pet Maltese dog.

West coast rancher Tom Shewbridge bequeathed 29,000 shares in a local electric company to his two dogs.

Quaker State heiress Eleanor Ritchey left $14 million to her 150 stray dogs.

In contrast to these rather generous legacies, US heiress Doris Duke’s Will authorized the creation of a modest $100,000 trust for her dogs.

Spiteful inheritances

Some people use their Wills to take one final jab at someone they despised when they were alive.

Englishwoman Annie Langabeer left two shillings and sixpence to her brother, so he could “buy a rope” to hang himself.

In 1937, Englishman Frank Smith’s Will stated that his estate should go to his daughter on one condition. His strange request was that she stopped living with “her immoral husband.”

Even William Shakespeare wasn’t above a final insult. He left his wife “his second-best bed” while giving the majority of his estate to his daughter.

But, the prize for most spiteful inheritance may belong to US millionaire Wellington Burt. After his death in 1919, his Will withheld his substantial fortune from his family members until 21 years after the death of his last surviving grandchild. In 2010, a dozen living relations found out about their long-delayed inheritances.

Read more: 5 Reasons Your Will Could Be Contested

Weird demands in Wills

These last wishes make you wonder what people were thinking when they penned their wills.

Napoleon Bonaparte’s final wish was to have his head shaved, and his hair split among his friends.

American Solomon Sanborn had a supremely strange request. He instructed that his skin be used to make two drums to be given to his friend. He requested that the friend travel to Bunker Hill every June 17 and drum out the beat to “Yankee Doodle”. This request was to commemorate the famous battle fought at that location.

John Bowman from Vermont was a believer in reincarnation. He established a $50,000 trust for the upkeep of his mansion to prepare for his return from the dead. He also instructed his servants to prepare and serve a full dinner every evening. In this case, there’d be something for him and his returning family members to eat when they arrived. These dinners were cooked and served nightly from 1891 until 1950, when Bowman’s trust finally ran dry.

Sandra West was a California socialite who bequeathed the bulk of her estate to her brother. She asked that he bury her “in her lace nightgown and her Ferrari, with the seat slanted comfortably.” Of course, her brother did carry out her wishes.

Finally, there is Luis Carlos. A wealthy Portuguese aristocrat, Carlos chose his beneficiaries by randomly selecting 70 people from the Lisbon phone book. All 70 people were notified of their inheritances after his death in 2007.

Read more: 3 Unconventional Additions for Your Last Will

Leave a valid Will

You may feel tempted to make a strange request or leave spiteful provisions in your Will. But these demands can leave your Will open to challenges in court.

To ensure proper execution of your Will, your last wishes should comply with established legal standards and conventions.

The post Strange Requests in Last Wills appeared first on LawDepot Blog.

An estate plan is a combination of documents (including a Last Will and Testament and Power of Attorney, among others) that specify how you want your assets (including money) handled when you pass away, so it’s important to make sure these documents are completed correctly and updated when needed.

Although most people create their estate planning documents with care and attention, people make some common mistakes. This post goes through some of the most common mistakes so you can take the necessary steps to correct them in your own estate plan — or better yet, avoid them entirely.

Read More: Estate Planning Checklist

Misspelling beneficiary names

People often misspell their beneficiary’s name in documents like Last Wills. It might seem like a small, inconsequential error, but a misspelled name could potentially cause unnecessary stress and grief for your beneficiary.

For example, let’s say one of your beneficiaries got married at some point after you created your Last Will, and now their legal name is different from what you have in your document.

Although the beneficiary could still receive their intended inheritance, it complicates the executor’s role. 

In addition, depending on your jurisdiction, some insurance companies may require additional documentation from family members, such as an Affidavit, to prove the beneficiary’s identity.

If you need to change a misspelled name in a Will, use a Codicil. This document allows you to make minor changes to a Will without rewriting the entire document. 

Failing to update your estate plan after a major life event

An estate plan is a collection of living documents, meaning you can modify the documents as you need. You should revisit your estate plan if you’ve recently experienced a major life event such as getting married, divorced, or having or adopting a child. If you don’t, your executor may carry out your estate plans without making allowances for circumstances that may have changed.

For instance, if you got divorced but neglected to remove your ex-spouse’s name from your estate planning documents, there is a possibility that they would still receive assets or property from your estate even though you didn’t intend for that to happen.

Read More: How to Complete Your Estate Plan with a New Document

Forgetting to talk to your executor or attorney-in-fact in advance

Being an executor in a Last Will or an agent in a Power of Attorney is a big responsibility that often requires a significant commitment from the person appointed.

Sometimes people will assume that close family members or even friends are up for the task when they are not, so it’s important not only to ask the person you want to be your executor or attorney-in-fact but also have a serious discussion with them regarding their responsibilities should they accept the role.

If an executor or agent is unwilling or unable to act on their role, the final decision of who should serve as your executor or agent may fall to the court.

Avoiding mistakes in your estate plan

When someone passes away, executing estate planning documents can be a lengthy process, so adding unnecessary confusion with avoidable errors only makes the execution process longer and more complex.

It’s important to review your estate planning documents every time you make changes to ensure accuracy so that your estate plan fulfills your wishes.

The post 3 Common Estate Planning Mistakes appeared first on LawDepot Blog.