The people's voice of reason
The people's voice of reason
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I think that you are doing the hardest thing and the best thing for your husband and yourself by facing this right now. When our loved ones are faced with such devastating diseases it’s easier to not face it and believe they will improve. Being proactive will have you prepared. First I will advise that you visit an attorney that can assist you with estate planning. The three basic documents that your husband will need (and you) are a Last Will and Testament, Durable Power of Attorney (health a...
Liberal leaning states take clues from successful legislation that benefits the goals of liberal thinkers and in the same way conservatives follow the successful legislative achievements of other conservative states. Alabama and much of Texas have many similar conservative values. The influx of Californians to the more friendly tax and economic state of Texas could chip away at its mostly conservative values. Texas Senate Bill 8 (Texas Heartbeat Act) was passed by the Texas legislature and signe...
Without specifics about yourself, I’ll make this answer generic in a personal and in a business sense. I presume you looked at your financial estate planning (401k, mutual funds, stocks and bonds, life insurance, etc) and as you do you also think about your legal estate planning. After all you are a year older; you may have gotten married, had a new child, had a child reach the age of majority (19 years), gotten divorced or suffered the death of a spouse or even a child. You may have a child g...
Little has changed since earlier appellate cases and one will note slight subjective language in the subsequent decisions. These cases have arisen using the Establishment Clause of the Constitution of the United States to back up the adverse claims of individuals or groups in what they perceive as being unconstitutional. There was an opinion from January of this year from the Public Buildings Service (PBS) of the General Services Administration (GSA) that was very interesting and is outlined...
I was thinking about Thanksgiving celebrated as a national holiday this month. A form of thanksgiving is celebrated in many countries; but ours, celebrated on that last Thursday of November has special meaning. From the English had come days of fasting and days of thanksgiving. It is claimed that the Spanish explorers of the mid 1500’s had expressed thanksgiving in the new world. President George Washington first asked the public to set aside 26 November 1789 as a day of thanksgiving but it w...
That’s a tough question and prone to a rambling answer. Before looking at several points we will pretty much first agree that there may be legitimate, provable exemptions that may be medical or religious. In looking at case law there are numerous Covid-19 related cases that generally deal with a compassionate release from prison where multiple cases of Covid have occurred in prisons. There is a case of a cruise liner requiring proof of vaccination for a very high percentage of its employees a...
Interestingly enough L.B. Sullivan was police commissioner in Montgomery, AL in 1960. An ad was displayed in the New York Times regarding the request for donations for the defense of Martin Luther King, Jr. The ad did not mention Sullivan specifically but was critical of the Montgomery Police Department. Sullivan felt that the incorrect statements in the Times ad regarding his department personnel reflected on him as commissioner. Under Alabama law, it was necessary that Sullivan object in...
Aside from being a practicing attorney I have had an almost lifelong interest in my family history and especially those that were southern soldiers in the War Between the States. I am proud to claim ten, either great-great or great-great great grandfathers that fought to separate the people of the South from a Federal army under Lincoln that had decided they would force the South back into the Union. There are many causes for the War, unfortunately the only cause taught in schools written by...
Key was a lawyer and obviously had other talents as well. Key was born in 1779; his father was a lawyer and a judge. Though Frances considered becoming an Episcopal priest, he decided to go into law instead. He “read” law under his brother-in-law and Judge Jeremiah Townley Chase. He passed the Bar in 1801. He was considered a good lawyer, practicing in Frederick, Maryland and Washington, D.C. His law practice was successful and was involved in several important cases, appearing even before the...
Rather than answer your question directly I want to discuss a recent Alabama Supreme Court case that will make you think about how these agreements are structured. The structuring could mean that in the event of your death within the seven-year period your estate could either continue to receive money promised under the contract(s) or not receive it. This can be a substantial financial benefit to your heirs if your attorney advises you correctly. The recent case was John Boyd and Batey &...
There are various issues relative to estate planning and divorce. There are instances where an ex-spouse may continue to be entitled to your assets, times when they are automatically disqualified from assets and/ or disqualified from acting as a fiduciary and then there are changes in the law. Finally, there may be times that you may wish for your ex spouse to inherit from you even though by law that might be successfully challenged. With your Last Will and Testament, upon divorce your former sp...
My husband died and while most everything was in both of our names there is one financial account with about $15,000.00 in it. How can I get to it since I am the primary beneficiary under his Will? Most often on the first death of a spouse if everything has been tied together during life it is unnecessary to probate following the first death. When doing your estate plan it is important to think about EVERYTHING that you own or have control over, and I do mean EVERYTHING. Who wants to learn that...
Yes, the United States Supreme Court issued an opinion on November 25, 2020 that I found interesting involving the apparent suppression of in person worship. The Roman Catholic Diocese of Brooklyn, New York sought injunctive relief against New York Governor, Andrew M. Cuomo (ROMAN CATHOLIC DIOCESE OF BROOKLYN, NEW YORK v. ANDREW M. CUOMO, GOVERNOR OF NEW YORK). Though Cuomo claims to be Roman Catholic, he holds several liberal views contrary to Catholic teachings and the free exercise of...
I get that question all too often. Even poor people have more than they probably think. Do you have a home (even a mobile home)? Do you have a car or truck? Do you have any money in a bank? While there are some ways around transferring a home, vehicle or bank account to a loved one or loved ones after death there are exceptions and even then it probably needed to be planned before your death and placed in the proper format. A proper Will takes care of those items in one document. It’s true t...
Without specifics about yourself, I’ll make this answer generic in a personal and in a business sense. I presume you looked at your financial estate planning (401K, mutual funds, stocks and bonds, life insurance, etc) and as you do you also think about your legal estate planning. After all you are a year older; you may have gotten married, had a new child, had a child reach the age of majority (19 years), gotten divorced or suffered the death of a spouse or even a child. You may have a child g...
Little has changed since earlier appellate cases and one will note slight subjective language in the subsequent decisions. These cases have arisen using the Establishment Clause of the Constitution of the United States to back up the adverse claims of individuals or groups in what they perceive as being unconstitutional. The Establishment Clause is a part of the First Amendment and reads, "Congress shall make no law respecting an establishment of religion,” followed by the Free Exercise C...
You will recall a prior Supreme Court challenge where the individual mandate was held to be a tax and as such a Constitutional law. Surprisingly, Chief Justice Roberts who was considered a more conservative thinker sided with the more liberal justices in the assessment as a tax. With the death of Justice Ginsburg, the 5-4 generally more conservative leaning becomes 5-3 and if Judge Barrett is added, presumably will be more of a 6-3 conservative leaning. A case before the United States Supreme...
What should have happened by the time you read this is that President Trump will have named a very capable, conservative female judge to replace Justice Ginsburg who died in September. The political wrangling will be on as the Republicans attempt to place another conservative leaning justice. I would have personally disagreed with Justice Ginsburg on several legal decisions, but the fact is she was one of the most incredible legal minds of the 20th and 21st centuries. During the pandemic the...
There are several facets to your question so the answer will be a bit broad. There are ways to transfer assets now such as those financial accounts in your name. Your new spouse probably doesn’t want to add your child if he runs a risk of losing assets. You can add your kids with right of survivorship. Of course that gives them the same rights and liability regarding your accounts. You can also set up a POD (Payable on Death) for bank accounts or TOD (Transfer on Death) for investment accounts o...
There are and one that I am reviewing almost parallels the other regarding the facts of the case. The case that I am writing about is Hernandez, et al. v Mesa, No. 17-1678 decided on 25 February 2020 in the United States Supreme Court. In 2010, Sergio Adrián Hernández Güereca, a 15-year-old Mexican national, was said to be playing with other friends running up and down a mostly-dry culvert that extends between El Paso, Texas and Ciudad Juarez, Mexico. The culvert center is the border between Me...
Not only can the State of Alabama, through the Attorney General, sue the city of Birmingham, but also they have. The 2017 Alabama Preservation Memorial Act was used when its former mayor had plywood sheets placed around the monument. The mayor said that the $25,000 fine was less than the price of civil unrest. But now with the killing of George Floyd, splinter groups of ANTIFA and anarchists have wrongfully attached themselves to disrupt the rightful and peaceful protestors that want their voice...
I decided to look at the Alabama Supreme Court website for recent slip opinions. A slip opinion is basically the first draft majority opinion of an appellate court before its publication in various case reporters. Looking at the opinions, I noted a couple of things. In addition to the opinions of the Alabama Supreme Court on various cases, there exist several approvals or denials on Writ of Certiorari or Writ of Mandamus. A Writ of Mandamus is used when a higher court orders a lower court or gov...
Those words from the song “Dust in the Wind” (1977) sung by the rock group Kansas are roughly based on some verses from the Old Testament book of Ecclesiastes. Ecclesiastes 1: 12-14 says (NIV) I, the Teacher, was king over Israel in Jerusalem. (12) I applied my mind to study and to explore by wisdom all that is done under the heavens. What a heavy burden God has laid on mankind! (13) I have seen all the things that are done under the sun; all of them are meaningless, a chasing after the win...
I think it important first if I may to express my inward thoughts. Besides my beautiful wife, I have my seven-year-old son. I’ve thought on how to address this pandemic with my family. My almost 89 year old Dad said to me that besides the fear that the Germans might march in during World War II he has never seen this affect on America. I see this as a time when our children and grandchildren see if we really walk the walk. To this I have said plainly that God is in control. Regardless of what ha...
The First Amendment to the Constitution is a part of those first ten amendments also referred to as the Bill of Rights. The portion of the first amendment that relates to religion reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Unfortunately there are not many writings that exist regarding the discussions on this amendment. It seems that the final language was a collection of suggested amendments. Prior to the rat...