Naming a Guardian for Minors

Senior guardians over minor children Grandparent guardians – Thirty years ago, there was probably little concern over whether seniors should have to name guardianship for minor children in their will.  Today, many grandparents are raising grandkids and even have full and legal custody.   Often the child’s parents are incapable of raising the child(ren) for one reason… Continue reading Naming a Guardian for Minors

Is The Death Tax Gone?

The Death Tax Not Gone  The death tax? Sounds funny, but it’s anything but.  There are still a great number of questions about estate taxes.  Unfortunately, many people believe the sound bites that have pronounced the death of the death tax.  These have been greatly exaggerated, to say the least.  Many people have the mistaken impression that the federal… Continue reading Is The Death Tax Gone?

Last Will & Testament 101

Settling Legal Wills The last will and testament will not settle over night.  Beneficiaries often find themselves at odds over the disbursement of property after the death of a decedent.  Sometimes it’s over the property or the value of the property itself.  Sometimes it’s just that fact that it cannot happen immediately.  Most beneficiaries think that once the… Continue reading Last Will & Testament 101

Renouncing a Will

Terminating your rights under a will for the better statutory provisions Why would you renounce a will?  If there is a Will, the surviving spouse can renounce it and the inheritance it contains (if any), and instead elect to take a share of the estate specifically provided by state law.  This is a legal device originally intended for… Continue reading Renouncing a Will

The Basics of a Life Estate

When a person has a “life estate” in a piece of property (most commonly, a house and the contents within it), he/she enjoys almost the same rights in that property as would an “absolute” owner – but only for his/her life.  The idea of a life estate is best illustrated with a typical example, the “subsequent marriage”… Continue reading The Basics of a Life Estate

How Does a Last Will and Testament Treat Simultaneous Death

Last will and testament and legal considerations  How does a will and the law treat an estate when both people die at the same time?  The answer, of course, depends on whether any planning has been done. The most important planning, however, is practical, not legal. First, have you found a capable and willing guardian… Continue reading How Does a Last Will and Testament Treat Simultaneous Death

Fraud Against Seniors

Fraud is arguably the most prevalent scourge against seniors today.  That’s a pretty strong statement and there are certainly those that would argue that such a dubious honor more aptly belongs to any one of a number of various diseases or medical conditions.   All arguments aside, fraud is perpetrated at various levels on thousands of seniors a… Continue reading Fraud Against Seniors

Social Security Disability Claims and ALS Lou Gehrig’s Disease

By: Pitt Dickey – Attorney Preface: Since Social Security Disability is directed under Federal law, the information in this column will apply anywhere in the United States.  However each Office of Hearings and Appeals and District Office have their own ways of doing things as does the various Federal District and Circuit Courts.   I have kept this… Continue reading Social Security Disability Claims and ALS Lou Gehrig’s Disease

Last Will and Testament

Requirements of a will A will is a legal instrument that will direct a court or other administrator as to what your wishes are with regard to your property after your death.  A will is your words and in most cases, these words are binding on the administrator unless there is a law that supersedes your will, the will… Continue reading Last Will and Testament

ADEA Waivers and OWBPA Laws on Age Discrimination

Filing an age discrimination claim  By: Roger Braddock Age discrimination is against the law and employers have often tried to get around age discrimination claims by holding severance pay as a hostage to signing an age discrimination waiver. The Equal Employment Opportunity Commission (“EEOC”) has issued regulations regarding severance agreements that are signed by people who could file an age… Continue reading ADEA Waivers and OWBPA Laws on Age Discrimination