The people's voice of reason
The people's voice of reason
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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 the Alabama statutes concerning Alabama Powers of Attorney beginning January 1, 2012. If your attorney used a format substantially like the sample document in the statute (as required in the statute) then there should be multiple powers that your mother may have given you and thus a multitude of...
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...
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 process. I think like myself most of the country foresees the outcome. The Democratic majority House of Representatives will vote to impeach the President, most because they dislike President Trump so much and not over the issues considered and the Republican majority Senate will vote not to remove...
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 friends who have lost loved ones. I prepared legal documents for a couple that dated in high school and then married, but it took the husband a while to follow his wife’s wishes because he just knew he would die if he did these documents, like sooner than later. Well the truth is you will die after d...
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 Alabama probate court, the named personal representative whether appointed for a testate (having a Will), intestate (no Will) estate or the person initiating the settlement of a Small Estate (with or without a Will where the probate assets are less than twenty-five thousand dollars), must file a...
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 memorial for the dead from their county during World War I. Because the plain Latin cross had become a symbol of that War in that one could see pictures of rows of white crosses where dead soldiers were buried. The decision was made to place the memorial in a prominent place and when the County C...
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 of which about 70,000 were citizens. Many lived near strategic military areas on the West Coast, which was also closer to Japan and thus more susceptible to attack. Some Japanese- Americans were very committed to the mother country, having sent tinfoil and money in Japan’s war with China. Some J...
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 trial and final sentencing but then becomes insane after that. Can that person still be executed when due to their insanity and diminished capacity be executed when they no longer have the ability to understand why they are being executed? In the United States Supreme Court case out of Florida Ford v...
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 pregnant woman, the United States Supreme Court required that the procedure be performed by a licensed doctor in medically safe conditions. During the second trimester it is the health of the pregnant woman that is the determinate when the Court decided that a state may regulate abortion. During the...
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 Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths there...
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 haired man loves his family and has not taken his wife on a trip just for the two of us since our son was born six and a half years ago. Yep, bad husband! Visiting several areas outside of Portland, OR was our choice, there was little reason to consider other places. We neglected a couple of sights...
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 believing it to be a sign of supremacy and racism. For a bit of history, about 122,000 Alabama men served the Confederacy in the various segments of its military. Of those it is believed that about 35,000 died during their service leaving about 20,000 widows and 60,000 orphans. Dependent on the age of...
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...
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 policy, then the ex spouse remained as the beneficiary even if the owner remarried. I was always careful to counsel estate planning clients concerning this. It is still a counselable issue for my clients. In the Code of Alabama, 1975, §30-4-17 (2016 law) the opposite effect occurred in that there is a...
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 intestacy will prevail. It’s like I tell my clients, if you have no Will then the State of Alabama has one for you under it’s rules of intestacy. I don’t know the laws of Michigan but I will tell you what I do know and compare it to Alabama law. It is reported that Aretha left about $80 million dollar...
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, more so in rural areas is on the death of someone, their estate is not probated and their real property is inhabited by one or more heirs. The heir or heirs continue to pay real property taxes and even insurance when the property contains insurable structures. The problem is that as time goes on...
Since President Trump’s selection of Judge Brett Kavanaugh currently of the United States Court of Appeals for the District of Columbia Circuit to replace retiring Justice Anthony Kennedy on the United States Supreme Court there has been a lot of discussion. Judge Kavanaugh is a relatively young man when compared to some current and prior Supreme Court justices and was a high school classmate of current Justice Neil Gorsuch. Judge Kavanaugh can make a significant impact on cases for many y...
The state of California has a larger economy than many countries and is the most populous state within the United States. Many in California think differently from those of us in Alabama with resultant taxes and the cost of living being significantly higher, in case of taxes by design of it's legislators. Even so, within California there are different schools of thought and that is somewhat evident by the current number of Californians leaving to settle in other states which has California losin...
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...
There are several laws, one of which is brand new and becomes effective in Alabama on 1 June 2018 and there is a Federal law in the works and a European Union law set to kickoff on May 25th. Some of the existing civil and criminal laws that protect us against bad actors that might steal our personal information include criminal theft (various degrees), civil conversion, and the tort of invasion of privacy. Some of the defenses include negligence on the part of the plaintiff, private information...
Right now in front of this United States Supreme Court the Arizona death penalty challenge means no change in the standing State laws. A much more liberal sided Court in the future could well change that dependent on their interpretation of the United States Constitution and a then considered murder case or cases. First, the United States Supreme Court turned down a request to hear the case. Before the United States Supreme Court might hear a case, a Writ of Certiorari may be filed with the...
Sometimes things are on my heart and I find an urge to write about them. Often times it is the death of a loved one or a close friend that tugs at my heart. With the wedding season almost upon us and a recent experience I have a strong urge to write on marriage. Now I am certainly no pro on the subject, in fact maybe I am a failure having had a prior marriage. I must say I envy those with long marriages such as that of my parents that lasted sixty-two years until the death of my mother. But...
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...
The Bible does not tell us the date of Jesus's birth nor does it tell us to celebrate His birth. A celebration of Jesus's resurrection following His death on the cross is a more appropriate celebration for Christians than His birth. That is because Jesus' resurrection from the dead is the proof of the deity of the Son and the real hope for those that believe on Him that their soul will reside with God forever. Society however would much rather celebrate a birth rather than a death. I remember...