No, Not Every State Allows a “No-Contest” Clause in a Will – Florida Doesn’t….

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Recently, I was listening to a national cable show and their estatexpert for the day was an estate planner. Prattling on about how you don’t really need a lawyer to do your own estate planning, he advised going to a website and downloading a Will form, and added, don’t forget to put a “No-Contest” clause in your Will. “That way, if Junior ever contests his share from your Will, he won’t get a penny!” He went on to say, “All states allow a No-Contest Clause Read More +

What’s “Sovereign Immunity”?

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The word “sovereign” means : “a chief ruler with supreme power,” like a King or Queen or even a fiefdom run by a master. Back in the middle-ages when the world was largely run by sovereigns whether royalty or a chief ruler, one couldn’t sue the master. As the saying went, “rex non potest peccare”, or the king can do no wrong. So, if you couldn’t sue your sovereign, he or she had complete immunity. Royalty could rain down any number of nasties on you Read More +

A Very Serious Boat Crash

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It’s not every day in an injury lawyer’s career that he is gifted with such a perfect, but gasp-inducing case. I’ve had a number of vessel crash cases in my office over the years, but they all paled in comparison to the case of “Alice and Mel Jones”. The names and identifiable specifics have been changed even though my clients have agreed to this article, but the incident and the injuries are all factual. The Joneses are early retirees in their 60s. Mel is now Read More +

Injury Cases and Bankruptcy

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Whenever I sign up a new injury client, I always inquire about the possibility of their filing bankruptcy in the near future. It is an important topic that needs to be explored since it can make the difference between securing a settlement for a client, and getting the client nothing. Since personal injury cases usually take months or sometimes years to resolve, an attorney doesn’t know the financial situation the client is in or will face in the near future and bringing it up early Read More +

The Inevitable January Rush for Estate Planning……

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As an attorney who practices in Estate Planning, I know from talking to other lawyers that we all experience a flood of calls in January from family, friends and clients to “get our Wills done”.  Typically I write more Wills in January, February and March than any other time of the year. Undoubtedly the calls are a part of everyone’s New Year’s Resolution – an effort to stop procrastinating after years of putting off planning for the inevitable.  It’s never too late to tackle your Read More +

FAQ: I just won the Lottery! Wow! Should I Call Someone?

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Well, yes, you should call someone, but be very selective. Tell only those people you know and absolutely trust. Obviously, your spouse should be first on your list, but despite your obvious elation, keep your circle of confidants close.  I had one client who didn’t tell his adult children he won the lottery for weeks. Your next call should be to someone who can help you navigate the complexities of lottery collection and protection of your newly discovered wealth. Whether you won $300,000 or $30 Read More +