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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The fact is the anti abortion laws in Alabama have never been repealed.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,...

 
 By Ron Holtsford    Legal    August 1, 2018

WHAT IS THE PROCESS AND CONSIDERATION IN CONFIRMING JUDGE KAVANAUGH FOR THE SUPREME COURT?

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...

 
 By John Martin    Legal    August 1, 2018

PRICE GOUGING

We are now well into the 2018 hurricane season, and a major storm may or may not hit us this year. But when one does, the news media will always mention a little consequence called “price...

 
 By Ron Holtsford    Legal    July 1, 2018

How Can California Divide Itself Into Three Separate States?

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 resultan...

 
 By John Martin    Legal    July 1, 2018

The Letter of the Law

The purpose of a law, any law, is a singular objective—protecting people from the wrongdoings of other people. To be moral, just, legitimate, and Constitutional, it must meet that criterion....

 
 By Ron Holtsford    Legal    June 1, 2018

I DON'T REALLY HAVE ANYTHING, WHY DO I REALLY NEED A WILL?

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...

 
 By John Martin    Legal    June 1, 2018

Check out Zimbabwe

Don’t laugh. Little Zimbabwe could be a model for providing prosperity for the entire world. Most people remember this African nation for creating the most rampant hyperinflation in recorded...

 
 By Ron Holtsford    Legal    May 1, 2018

What laws are available to protect my private information?

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...

 
 By Ron Holtsford    Legal    April 1, 2018

WHAT DOES THE DEATH PENALTY CHALLENGE IN ARIZONA MEAN TO THE REST OF AMERICA?

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...

 
 By Ron Holtsford    Legal    March 1, 2018

A Commentary on Marriage

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...

 

With Recent Individuals Suggesting That President Trump Is Unfit To Serve, What Would Be Required To Remove His Powers?

There are two instances in which a President can be removed from power by Congress and/or high ranking Executive branch officials. The first is impeachment which requires a simple majority in the Hous...

 
 By Ron Holtsford    Legal    January 1, 2018

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,...

 

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