Phone: 401-841-5700
Fax: 401-367-0192
Please find below some recent comments and results achieved by the lawyers at The Law Offices of Jeremy W. Howe, LTD.
Divorce Mediation - “As the year comes to an end, I can not let another day go by without properly thanking you. The work you did with (my husband) and me during mediation was creative, resourceful and simply clever. You both were attentive to our present and future needs- emotionally, financially and legally. There were many occasions throughout the time you spent with us where I thought there was no possible way to come to a middle ground. Luckily, with your guidance and perseverance you made the impossible, possible. Thank you … from the bottom of my heart for your determination and consideration while working with us. My gratitude is endless.”
Client/wife getting a divorce after a 24 year marriage; 2 children of the marriage (1 in college, the other finishing high school). Jamestown, RI
"Kristy listened to me, understood what I needed to do now and helped me set my course for the future. She is a thorough, efficient and compassionate advocate."
Mother of a now 13 year old. Dad wanted child to relocate to Colorado with him. Judge denied the Dad’s motion so the child stayed in RI with mom, Middletown, RI.
"Jeremy and Kristy's integrity is what separates them from their counterparts. Kristy was my attorney during years of child custody issues. She has the patience to listen to you and the knowledge to provide guidance in 'what's in the child's best interest'. During the trial, she was prepared and performed gracefully in the courtroom. Every time I called or visited the office, you can feel that the staff genuinely cared about you. This office exudes professionalism. They are the reason I believe the court system truly does work for 'what is in the best interest of the child'."
Military wife and mother of two, divorce case, Middletown, RI:
"If you want commitment you want Jeremy Howe and associates. Kristy was with me every step of the way through my divorce.”CASE RESULTS
CHILD SUPPORT: Client/father came to us after being served with a motion to modify child support 11 years after the original divorce. We worked with the client and the other attorney to reach a resolution without having to litigate the matter saving the client time out of work and attorneys fees.
MILITARY DIVORCE: Divorce of Husband and Wife after 6 year marriage. The Husband hired our office, and the Wife represented herself, along with assistance from her local JAG office due to the fact that the Husband was a military member. The Wife had already moved out of state and did not want to attend the court hearing in Rhode Island. My client and she worked together while I communicated with the JAG officer in order to reach a resolution that was satisfactory to both of them. She chose not to make the trip to put it on the record given the written contract we were able to negotiate.
DIVORCE/SETTLEMENT: Divorce after an approximately thirty year marriage. We represented the Wife. The major issue in the case was the family business which was inherited and owned by the Husband and his brother, and the Wife’s contribution to that business throughout the marriage due to the fact that she was not an “employee.” [Inherited property in RI is not divisible, on its face.] We used a business evaluation and negotiations with opposing counsel to reach a resolution that awarded the Wife a specific amount of support for a sufficient amount of time to get herself on her feet. She was an artist and needed time to reinvent her business and get it off of the ground so she could be self-sufficient.
DIVORCE: Divorce of parties after a very short marriage. They separated very shortly after the ceremony. We represented the Wife after she had filed the divorce petition on her own. She was not sure she would know what to do when it came time for court, and wanted to be sure it was done correctly. The Husband did not appear and the case reached its end rather quickly. The hearing went smoothly, she had the correct number of witnesses, and she was pleased that the appropriate paperwork was filed in order and on time so that she was properly divorced.
MILITARY DIVORCE/SUPPORT: Military Divorce of parties with one child, less than a year old. Husband was on active duty. Wife’s attorney contacted us to assist her with trying to understand what the military requires of its members who have children, and how that differs from the family court. Ultimately, after consulting with us, the attorney initiated a “Congressional Inquiry” to determine why actions were not being taken by the military to require the soldier to support his child. Within days thereafter, a garnishment of his wages took place and the mother began to receive her support.
DIVORCE AND ESTATE SETTLEMENT: We represented our client as the seller’s agent at a real estate closing on the marital home, several months after the Final Judgment had entered. Our client had since moved out of state, and needed to appoint a Power of Attorney to attend the closing on his behalf. We also reviewed the closing settlement statement with regard to disbursement of the final proceeds. We were able to point out that overdue motor vehicle taxes should have been allocated to the ex-Wife’s portion, and that our client should not be responsible for those. This resulted in a savings of more than $800.00 to our client.
Real Estate Transactions and Gifting
An elderly father and his adult son came to our office just after the mother had died. All three had been joint owners of property that was being sold and father and son had questions regarding the proceeds from the sale. Specifically, they wondered if they would be able to put all the proceeds in the son’s name. By doing so, they hoped to provide for the son since he was unemployed and enable the father to qualify for state assistance should he need future nursing home care.
We cautioned the father and son that any transfer of the father’s share of the proceeds to the son would have adverse consequences should financial assistance from the state be required before five years had passed. We also advised them that “gifting” would have tax implications. Our concern was that although the father wanted to help his son, he could be jeopardizing his own financial future.Probate Client issue resolved years after husband died. Newport, RI
“Words cannot express my heartfelt appreciation for the kindness you’ve shown me. Making things go perfectly stress-free was a true blessing for me and I will always remember your thoughtfulness.”Client’s father passed away. Middletown, RI
“Hilary – The day I met you, I was a mess. I was so upset about my dad and everything that I had to get done, and then you helped me out and I just started to feel better. Thank you so much.”Client with family issue involving an attorney-in-fact using a Durable Power of Attorney improperly:
"Thank you again for meeting with me yesterday regarding my family problem, especially on such short notice. I was very pleased with the information and advice you provided. You made it very easy for me to understand my legal standing regarding the concerns as well as the concerns of others who were involved.
Again, I can't thank you enough for the legal counsel and for the consideration you provided me. I especially admired your personable and informative, yet direct, approach regarding my family's specific needs."Petition for Probate: opening a probate estate
A gentleman who had been granted Durable Power of Attorney by his elderly mother needed to transfer money from her mutual funds account into a checking account of which he and his mother were joint owners. However, before he was able to complete the transfer, his mother died and his power as his mother’s “Attorney in Fact” was no longer valid. The son was not sure what he needed to do to be able to access the account valued at over $125,000.00. His mother did die with a Will.
Results: A Petition for Probate of Will was filed with the appropriate probate court and the hearing held at which time the judge admitted the Will to probate and named the son as Executor, pursuant to the terms of the Will. Within a week or so, the son will receive his Certificate of Appointment which can be provided to the company that manages the mutual funds account. This will then allow him to close the account and take control of the funds.
Wife, consult for division of the Husband’s military and civil service pensions and drafting of the documents necessary, Tiverton, RI
“You were able to answer my questions and I am confident that I have covered all of my bases. How do people manage if their attorney doesn’t bother to admit they don’t do enough military and civil service work to know all the nuances?”
Quote from an Attorney regarding a Military Qualifying Court Order to divide a pension of a military member in reserves:
"Your office is prompt as always; I have already heard from Kristy in regard to the two QDROs. You were a big help to me on this same case last spring, and it is very appropriate that your office receive a thank you."Quote from Family Law Practitioner, Warwick, RI
"I will continue to utilize their services in domestic proceedings as they provide prompt and efficient preparation and processing of QDROs and they are always accessible to address any of my questions and those of the client."Qualified Domestic Relations Order: Hired by the Wife to draft the Qualified Domestic Relations Order so she could receive her portion of the Husband’s annuity. We discovered upon reviewing the pension documents that there were in fact two pension plans. The court Orders referred to only one plan, so the Wife was missing out on her portion of a substantial, if not the largest, marital asset. We prepared the Qualified Domestic Relations Order for the designated plan and notified the attorneys for the parties that they had an unresolved issue.
Qualified Domestic Relations Order: Hired by client to review the terms of his pension plan along with the terms of his divorce decree and the Qualified Domestic Relations Order that had been entered at the time to divide his pension for the benefit of the ex spouse. His company had informed him that if he elected his early retirement, his ex-Wife would receive about one third of his “early incentive pay.” We brainstormed the issues with a colleague and had conversations with legal counsel for the company. Ultimately we sent a letter stating our position that the ex-Wife should not receive any portion of our client’s early incentive pay since it was not part of his pension. He received the entire amount.
Qualified Domestic Relations Order: Hired by the Wife to complete the QDRO due to the fact her now ex-husband died before reaching retirement. The original QDRO that had been presented to the company was rejected and a final, revised version was never submitted by the original attorney before the Husband passed away. We consulted with the original attorney to reach a resolution. We drafted an Order that was acceptable to the Plan, and the division was made so our client could receive her portion of those retirement funds. We also assisted our client in understanding the issues with regard to the potential rights of the ex-husband’s heirs and the company’s duty to all parties involved.
Military Pension Orders: We assisted an attorney at Rhode Island Legal Services to draft appropriate orders to protect the Wife, as much as possible, in a military divorce when the concern was that there were child support orders for the Husband’s illegitimate children already in effect. The children were born after the parties separated, but before the parties were divorced, to women other than the Wife. The pension is his only source of income. Generally, DFAS (the military pay center), will not pay more than 50% of a pension to someone other than the military retiree. The orders require him to pay the Wife her portion directly, to make up for any shortfall in her portion caused by the child support orders. If he does not make those payments, he could be subject to contempt, fines, and possible incarceration.
Qualified Domestic Relations Order/Support: Hired by an ex-wife who was owed a substantial amount of child support. The ex- Husband did not have the income or assets to pay her what she was owed, but he did have a substantial interest in a 401(k). We were able to draft a QDRO for child support so she could receive her arrears in full.
Disclaimer
CASE RESULTS : EACH CASE IS FACT SPECIFIC AND WHAT MAY HAVE HAPPENED IN THESE CASES MAY NOT “FIT” YOUR PARTICULAR SITUATION OR BE IN YOUR BEST INTEREST.
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