Alabama Gazette - The people's voice of reason

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...

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...

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...

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...

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?...

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 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...

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,...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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,...

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...

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...

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...

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...

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...