a

Apr 11, 2018 Office News

Even your dentist needs to be made aware. Today an associate dentist, under 40, was asking about the need for a will. Here it is her husband is a financial planner, and you wonder what the personal family financial plan is. This woman even confirmed the “natural superstition” that once you make a will, something will happen to you.

It just seems confirmed by more and more personal interaction with professionals, white collar, blue collar, there’s no distinction. Most people don’t want to stop and think about a will, the mind fights to want to concentrate on the subject, let along focus, let alone follow through.

That’s why some say you get a PhD in Psychology in getting an understanding of people by simply having practiced law 40 years.

 

Apr 12, 2018 Office News

Recently a husband and wife executed documents. The key was that they had a daughter who was honest, capable and willing – to be the health care proxy for her dad, and power of attorney for BOTH, seeing as how wife is in decline.

Normally you take over for spouse if something happens. You may need to interject your children if the concern is one parent is now faltering, but both may be disabled in the future.

To set things up properly isn’t just pushing a button and a form instrument come out. Every document has it’s own individualities. Sometimes, as here a long term care policy comes into the picture.

The satisfaction is that the potential problems were addressed before they actualized, living proof that be prepared is best.

Apr 10, 2018 Office News

People need to be aware that the probate laws changed drastically with the implementation of the Uniform Probate Code in 2012.

People come in with estates that were processed 25 years ago, and there are now issues that need be resolved, e.g., whether a deed from the old estate is necessary to transfer ownership.

Just came from the probate court clerk’s office and not only was the attorney doing the old estate someone who acknowledged in writing that it was their first one, but a review of the paperwork shows it completely different from what is used now. The scene has literally been transformed.

Make sure the people who help the family probate the estate has up to date familiarity with both the UPC and the court personnel in the county involved. It is essential for getting the job done right.

Apr 5, 2018 Office News

One sad aspect of practicing in today’s world is that the system itself has broken down. Petitions for guardianship or adoption are held up for weeks because papers sit undocketed, and appointments delayed; notices of objection are in the Registrar’s Office, weeks after the due date with people petitioning for relief waiting and waiting to find out if an objection has been received.

The whole DOR system has new computer systems that don’t work. The mail in some courts goes unopened for weeks; periods long after time limits have expired.

Negotiating through this broken-down maze is a big hurdle. You have to stay on top of all this-it sometimes means extra trips to the clerk’s office, and you have to strike a delicate balance between being persistent and aggravating court personnel.

You need patience, while simultaneously keeping the client aware of all that you’re trying to do. You need the beside manner of a well-trained therapist along with the humble acceptance of a saint sometimes to massage your matter through to resolution.

The motto of the court system is “hurry up and wait”. You have to be there on time if your case is scheduled, but certainly can’t expert things to run smoothly. The office knows this, and concentrates on pushing things along as best as we can, while letting the client know the basis of the delays that are producing their anxiety.