We have written before about guardians ad litem. A recent Alaska case reviewed the similar — but different — use of a “next friend” in a civil lawsuit. What’s the difference, and why did it matter in the Alaska case? Helen’s boating accident Back in 1993, a 17-year-old boat operator collided with another boat on…
ELDER LAW ISSUES
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Most people have at least a vague understanding of the attorney-client privilege. In most circumstances, what you say to your lawyer is private. Your communications are confidential, and your lawyer may not share them. What happens after you die? Even after your death, your lawyer may not share your communications. But that does lead to…
Too often, people fail to adequately plan for their children (or grandchildren) who have disabilities. This week we read a Nebraska case about a grandson’s trust that put his public benefits at risk. His grandmother had created a trust for him, but it was not a “special needs” trust. The courts fixed the problem, but…
When Nevada resident David King hired a Minnesota lawyer to write his will, and then moved to Oregon — did he imagine how much confusion would arise from the application of different state law?
How would you go about choosing a lawyer? The traditional advice is to ask friends, ask lawyers you know and trust for referrals, and check the publicly available ratings systems. Usually — almost always — those approaches work. Sometimes, though, choosing a lawyer can be more difficult. Lawyers know more about their experience, capabilities and…
It’s easy to observe that the subject of a guardianship (or conservatorship) petition has a right to “due process” during the court process. But what does that mean? Does it include anything a judge orders? Does it require a court hearing? How will you know if you have been afforded due process before a guardianship…
Here at Fleming & Curti, PLC, we comb recent case reports and news items looking for a good story to illustrate important legal principles. We are always on the lookout for stories about, for instance, trust administration issues. Sometimes our work is easy; sometimes there just don’t seem to be great recent stories. Perhaps it’s…
We regularly talk with grandparents who are distressed about how their grandchildren are being raised. Wouldn’t it be better, they ask, if the child could live in a stable, loving home? Particularly in those cases where they have been raising their grandchildren for years already? Parents’ rights Our usual answer: not unless both parents agree,…
It might not seem like much of an elder law question at first glance. But among the legal issues posed by advances in technology are those related to heirship, parentage — and ownership of in vitro fertilization (IVF) products. The law has been slow to catch up. Mr. and Mrs. Rich get divorced Melissa and…
You’ve probably seen the terms before. “Right of representation” and “per stirpes” appear frequently in wills and trusts. You probably even have a rough notion of what the terms mean. Perhaps, though, you don’t know that they have an interesting history. You might also be surprised by what the terms actually mean — at least…