BLOG POSTS

February 16, 2016

 

Get up, Stand up!

 

Do you know what you should not give up? Your rights. 

 

The Bill of Rights under the Constitution of the United States of America provides numerous rights to you. So, too, does your state constitution, as do several statutes under Federal and state codes. While the Supreme Court has interpreted these in various ways that have strengthened or weakened them over the years, you should have a firm grasp of the rights that you enjoy. The surest path to tyranny is ignorance and slumber with respect to rights afforded to you. 

 

Listen to Bob Marley - he's certainly a prophet.  Do you know you rights? Do you exercise them?

 

AMEND...

February 15, 2016

The philosopher Hegel theorized a dialectical process: a thesis is proposed, an anti-thesis is presented, and the collision of the two results in a synthesis. 

 

American jurisprudence is a unique, dialectical process, particularly in the realm of criminal justice. The legislatures make the laws with respect to what's legal - and what's not. The executive branches of the state and federal governments enforce the laws. And the judiciaries act as checks and balances for the citizens to ensure that the other branches do not trample the rights of the citizens in the oft-competitive profession of law enforcement. 

 

The efforts of...

February 10, 2016

 

The testamentary trust is a trust created by a will which takes effect only upon the death of the person who made the will, also known as the Testator.  The primary difference between a testamentary trust and an inter vivos trust is that the trust is under the supervision of the Probate Court from its creation (i.e., the death of the Testator) through to its final distribution.  While there are excellent reasons for the usual inter vivos trusts, whether revocable or irrevocable, two reasons for a testamentary trust are that the Testator need not relinquish rights or liquidity until he or she passes away - and might further benefit from the oversight o...

 

Pachinko was a popular game wherein you launched a ball bearing through a vertical board covered with pins and pockets in order to gain points - or in some cases, lose your bearing.  Each pin or pocket influenced the ultimate destination of your bearing like a contingency. 

 

Your will is a series of contingencies, pins that influence the ultimate destination of your estate: "If I die, then I direct that my estate be given to my spouse. . . If my spouse predeceases me, then I direct that my estate be divided among my children . . . If any of my children predecease me, that I direct that that child's share shall descend to his/her heirs . . . If my...

 

Did you know that there are different types of bequests that you can make to your heirs in your will?  It's true. 

 

Specific bequests are gifts by will of a specific article or part of an estate which is identified and distinguished from all things of the same kind and which may be satisfied by the delivery of that particular thing.  For example, "I direct that my 1967 Chevy Corvette Sting Ray Fastback Coupe be given to my son." 

 

Demonstrative gifts are gifts which, by the terms of the will, must be paid from a specific source.  For example, "I direct that my shares of stock in Acme Bat-Suit Company be...

 

A will should include directions to your Executor, the person you nominate to execute the provisions of your will, to pay your "just and legal" debts. Keep in mind, statutes of limitations apply to debts, too - and you don't want your Executor to pay a debt if the time for the creditor to collect it expired before you did. 

 

If you don't have a will, contact Gray and Duning to make an appointment. For simple wills as well as other estate planning instruments, we can provide your legal services on the same day. If you call before the close of business on February 12 to set up an appointment and mention LinkedIn, w...

 

Got a will?

 

"A will is an instrument by which a person makes a disposition of his real and personal property, to take effect after his death, and which by its own nature is ambulatory and revocable during his lifetime."  In re Brown's Estate, Tex.Civ.App., 507 S.W.2d 801, 803.

 

If you don't have a will, contact Gray and Duning to make an appointment. For simple wills as well as other estate planning instruments, we can provide your legal services on the same day. If you call before the close of business on February 12 to set up an appointment and mention LinkedIn, we'll draft a simple will, power of attorney, durable medical power of attorney and...

These are my picks.  What are yours? 

 

10. Midnight Rider, on Idlewild South album, 1970, by The Allman Brothers Band;

9. Renegade, on Pieces of Eight album, 1979, by Styx;

8. Bad Company, on the Bad Company album, 1974, by Bad Company;

7. Whiskey in the Jar, on Shades of a Blue Orphanage, 1972, by Thin Lizzy;

6. Breakin' the Law, on British Steel album, 1980, by Judas Priest;

5. Dirty Deeds Done Dirt Cheap, on Dirty Deeds Done Dirt Cheap, 1976, by AC/DC;

4. Stone Cold Crazy, from Sheer Heart Attack, 1974, by Queen;

3. I Shot the Sheriff, on Burnin', 1973, by Bob Marley;

2. Gallows Pole, on Led Zeppelin III, 1970, by Led Zeppelin; and . . .

1...

Please reload