We occasionally hear from grandparents who have visitation and custody disputes with their children. More commonly, they have disputes with their children’s spouses, partners or exes. The stories are often heartbreaking, and we want to help. Too often, our best advice is “you’ll have to learn to deal with it.” Court cases outlining grandparents’ rights …
It was right there in the year’s name: 2022. Lots of sequels. See all those 2s in the year? We had some of the same experience in legal circles — particularly in the ABLE And SECURE Acts In the hours before Christmas, Congress passed the Consolidated Appropriations Act of 2023. President Biden quickly signed it …
Legally-required notice rules in probate proceedings are straightforward. They mandate mail notice or personal service on interested parties. The person filing a probate proceeding usually must publish notice in the newspaper, as well. But what if they don’t know how to reach other family members? Ana Maria Norman’s Estate When Ana Maria Norman died in …
We often write about famous people’s wills — usually when they have died recently. So, for instance, we recently wrote about Anne Heche’s will. More accurately, we wrote about what might be her will. Sometimes we discuss the absence of a will, or other poor planning choices. Consider the continuing mess generated by Prince’s failure to …
One of the common and vexing problems in administering a decedent’s estate is how to deal with a pretermitted spouse. To most non-lawyers, that sounds vaguely disturbing. What is a “pretermitted spouse,” and why do we care about their problems? What – or who – is a “pretermitted spouse”? “Pretermitted” is just a near-archaic term …
A client asked last week whether he had properly signed his own DNR and DNI orders. We asked if he meant a “do not resuscitate” and “do not intubate” order. He confirmed that was what he thought he had signed. It made us think we need to look at the advance directive issue and update …
Do Not Resuscitate / Do Not Hospitalize / Do Not Intubate (DNR/DNH/DNI) Read More »
Last week we wrote about the late Anne Heche‘s emailed “will” that might be judged valid under California law. Our own article reminded us of a similar, but different, story we recently read about a less-famous electronic estate plan. The key difference: it involved an attempt at a trust amendment by email, rather than an …
I don’t know about you, but I spent my summer in one continuing legal education program after another. Here’s some of what I learned this summer. What I learned in Alaska OK — I really went to Alaska to see the bears. And they were incredible, and worth the trip. But while I was there, …
Arizona is one of the minority of states recognizing the concept of community property. In Arizona’s version, though, most real estate owned by spouses for many years was titled as joint tenancy with right of survivorship. Why? Because Arizona did not recognize community property with right of survivorship until 1995. Is Community Property with Right …
Community Property With Right of Survivorship in AZ Read More »
Most people understand the concept of joint tenancy ownership. But the operation of joint tenancy in specific facts may be counterintuitive. Last week we read an Illinois case that pointed out that joint tenancy is not just joint ownership of property. The life of a joint tenant Victor Barcroft lived in Lake County, Illinois, where …
Operation of Joint Tenancy Defeats Creditor’s Claim Read More »
