Doesn't my spouse already have that right?!

The Need for Medical Power of Attorneys

Ahhhh, the spring of life! It seems as though every week I learn of another friend who will be welcoming a little one in the near future. For many being pregnant is the first time that they will be part of a demographic that has a much higher chance of medical complications. As such, I always take the opportunity to discuss the necessity of some level of estate planning as well as a Medical Power of Attorney. I’ll leave the discussion of estate planning to another day.

Can’t See the Forest For the Trees

Non-Economic Considerations for Discretionary Custody Modifications

Everyone knows that litigation of any form is expensive, but too often the cost analysis stops at the cash money. In the custody modification context, this is a huge, HUGE mistake. Arguably, the money spent will be one of the least significant impacts that the family law system will have in your life. This issue recently came up in my practice when an old friend reached out to discuss the possibility of modifying the custody order governing access to her step-child. She wanted to know if it was possible, what the process would look like, and, bottom line, what it would cost.

Knowing is Half the Battle

Modern Difficulties Defending Against Challenges to Testamentary Capacity

As people increasingly trust the internet for everyday tasks, it is natural people will choose to use electronic means to meet legal needs as well, because it is cheaper, if for no other reason. In the context of Wills, there are a number of issues you should consider when determining whether it makes sense to save the money on hiring a real-life lawyer or not. One of these issues came up recently in my practice, namely a challenge to whether the person making the Will had the capacity to do so free of undue influence.

Tick Tock...Tick Tock...Tick Tock...

Timing in Consumer Litigation

What’s the worst thing your attorney can tell you after discussing how you were ripped off in a consumer transaction? How about this: “Well you did have a strong case against Ms. Representer, but you failed to take action quickly enough and now there is no remedy under the law.” I recently had this conversation with one of my clients. It is horrible; take my word for it.

The Devil is in the Details

Problems Probating a Foreign Will

As I’m sure many of you are painfully aware, the law has a tendency of turning seemingly reasonable and straight forward goals into an expensive and complex issue. It is important for clients and attorneys alike to take the necessary precautions to limit this possibility. In the estate planning and probate context, there is nothing worse than believing a plan is in place only to find that it is difficult to implement without argument or additional expense.

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