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Articles written by Ron Holtsford

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 By Ron Holtsford    Legal    October 1, 2020 

Was Justice Ginsburg's death what is expected to happen?

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...

 

Can I just Give Assets to my Kids, Even After I remarry?

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 wan...

 
 By Ron Holtsford    Legal    August 1, 2020

Are There Any Recent Interesting U.S. Supreme Court cases?

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...

 
 By Ron Holtsford    Legal    July 1, 2020

Since Birmingham removed the Confederate Statue can the State Fine the City?

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 s...

 
 By Ron Holtsford    Legal    June 1, 2020

Have You Read Any Interesting Cases Lately?

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 ca...

 
 By Ron Holtsford    Legal    May 1, 2020

"All we are is dust in the wind" . . . a reflection

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,...

 
 By Ron Holtsford    Legal    April 1, 2020

What are the legal issues facing us with the Corona Virus (COVID-19)?

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...

 
 By Ron Holtsford    Legal    March 1, 2020

Will You Comment On The Freedom Of Religion Clause Found In The 1st Amendment Of The Constitution And Any Recent Changes?

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...

 

I just accepted the position of Agent under a Durable Power of Attorney for my mother; what will my duties be?

Your duties will be what the Durable Power of Attorney says they are. It depends on what powers your mother (called the principal) has given you and when they become effective. There was a change in...

 
 By Ron Holtsford    Legal    January 1, 2020

Is it good to think about any legal issues for the New Year?

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,...

 

WILL YOU COMMENT ON THE LEGALITY AND THE CURRENT IMPEACHMENT PROCEEDINGS?

I am beginning to follow the impeachment issues a bit more closely as the House public hearings have begun. Possibly this ordeal will be over before you read this. I will do my best to comment on the...

 

Mrs. Trotter and Rod Poovey have died; a commentary

Well, not the legal article that you expected. I deal a lot with death, either helping folks ready the legal documents leading up to and going beyond their deaths or assisting grieved families or...

 
 By Ron Holtsford    Legal    October 1, 2019

Do I understand that there is a recent change in Alabama Medicaid that allows them to recover from probate?

Yes, that is correct. It is however conditioned on certain criteria and in my view will cause some changes in estate planning and in debt collection by creditors. Whenever an estate is opened in an...

 

Are there any recent freedom of religion cases of note?

Yes, decided on June 20 of this year in the United States Supreme Court, the case of American Legion, et al. v American Humanist Assn., et al. Prince George’s County, Maryland erected in 1918 a...

 
 By Ron Holtsford    Legal    August 1, 2019

August 14th is Celebrated as VJ Day. Why did the United States inter its Japanese- American citizens?

After Pearl Harbor and the means in which the sneak attack was carried out, Americans became highly suspicious of the Japanese. There were over 110,000 Japanese living on the United States West Coast...

 
 By Ron Holtsford    Legal    July 1, 2019

Can A Convicted Murderer Sentenced To Death Be Executed If They Are Insane Or Have Dementia?

Under English common law it has been long held that one that is insane or having diminished capacity cannot be executed. But what about a person that is competent at time of the crime and at the...

 
 By Ron Holtsford    Legal    June 1, 2019

How Can Alabama Possibly Change The Freedoms of Women and Abortion When Abortion Has Been Legally Available For Over 45 Years?

The fact is the anti abortion laws in Alabama have never been repealed. It was the case of Roe v Wade from 1973 that allowed legal abortion in the United States, During the first trimester of a...

 
 By Ron Holtsford    Legal    May 1, 2019

What is the meaning of Article Five of the United States Constitution regarding state legislatures taking over when the Federal legislative branch fails to act?

Article V of the Constitution says... The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislature...

 
 By Ron Holtsford    Legal    April 1, 2019

TIME OUT FOR SPRING!

If the readers will be kind enough to indulge me I would like to share recent experiences in the Pacific northwest, specifically the Columbia River Gorge, Mt. Hood and the Oregon coast. This grey...

 
 By Ron Holtsford    Legal    March 1, 2019

Can a city such as Birmingham decide to remove existing historical markers or monuments if the city feels it should no longer honor them?

I am sure you are referring to the reaction of the past few years mostly to mentally unstable individuals who have committed crimes of murder and hate and shown to wave the Confederate battle flag bel...

 

Is it good to think about any legal issues for the New Year?

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,...

 

What has changed regarding Christmas Celebrations and Governmental Entities?

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...

 

I am in the middle of a divorce from my husband after twenty-three years. I am a named beneficiary on his life insurance policy. Will I continue to be the beneficiary after divorce?

Based on your question and if nothing is done to change the designation prior to divorce, no, you will not continue to be the beneficiary. In years past if a spouse remained on a life insurance...

 
 By Ron Holtsford    Legal    October 1, 2018

I hear that Aretha Franklin had no Will; what will happen with her estate?

I have read the same thing from many sources about Aretha Franklin having no Will. She was apparently a resident of Michigan and since she purportedly died without a Will or trust then the rules of in...

 

Why is it important to change a deed after someone has died if taxes are still paid?

Unfortunately in my work I run across situations where there is a not a good understanding of the implications of a real property deed not having an up to date deed. One thing that happens at times,...

 

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