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 By Ron Holtsford    Legal    October 1, 2021 

What is the Constitutionality President Biden's, Covid-19 vaccination requirement among certain people residing in the United States?

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...

 

What is the Sullivan case and Reference to Social Media?

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...

 
 By Ron Holtsford    Legal    August 1, 2021

Why is It Important to Continue to Preserve Controversial Monuments?

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...

 
 By Ron Holtsford    Legal    July 1, 2021

Was Frances Scott Key also a Lawyer in Addition to Writing the Star-Spangled Banner?

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...

 
 By Ron Holtsford    Legal    June 1, 2021

Future Considerations for Business Buyout

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...

 
 By Ron Holtsford    Legal    May 1, 2021

What is the Effect of Divorce on Estate Planning?

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...

 
 By Ron Holtsford    Legal    April 1, 2021

Estate Planning – Death of a Spouse

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?...

 
 By Ron Holtsford    Legal    March 1, 2021

Has There been an Interesting Supreme Court Case Recently?

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,...

 

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 Ron Holtsford    Legal    January 1, 2021

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...

 

What is the Concern with Judge Amy Barrett becoming Supreme Court Justice and the Affordable Care Act?

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...

 
 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...

 

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