I am going in for surgery next month and I was wondering what kind of planning should I do beforehand?

Great question. You should have at least a “base” estate plan in place. This covers three major areas: (1) incapacity, (2) wealth transfer, and (3) beneficiary protection. First, you need to put someone in place for financial and medical decisions if you can no longer handle your affairs. Be very careful here – many times… Read More »

I recently had some improvements done on my house. One of the workers filed a construction lien against the property about two years ago. It has not been discharged and there have been no lawsuits filed. I may sell my house soon. How can I get rid of the lien?

A person who properly files a construction lien must file a court proceeding, often a foreclosure, to collect on the lien within one year from the date the lien was recorded. If this does not happen, the lien automatically expires. If the lien continues to interfere with the sale, the person filing it can be… Read More »

My daughter was hurt in a car accident when she was 10 years old. She is now 14 and needs surgery. Her doctor thinks that she needs the surgery due to the car accident. Is it too late to sue the other driver? The accident was the other driver’s fault, if that matters.

No, it is not too late. Generally, the rule is that the statute of limitations for an automobile accident is three years. However, there is an exception to this rule for minors. A person under the age of 18 has one year from his or her 18th birthday to bring a lawsuit even if the… Read More »

My Ex is trying to register the kids for summer camp and at a time that will interfere with my summer parenting time. This is a problem every year. Can I file my own motion to deal with this or do I need to have a lawyer?

Issues like this come up a lot, particularly at this time of year when summer plans are being made. Certainly you can file a Motion on your own but often it takes a long time for Motions to get through the system, particularly when you don’t have a good handle on how these things are… Read More »

I just bought some rental property and there is a tenant that refuses to sign my new rules and regulations. Can I evict him for refusing to sign them? The tenant states that he only agreed to the original rules when he moved in and is refusing to sign a new contract.

This is a difficult question to answer without being able to look at all of the documents but generally speaking, a new landlord is bound by the existing lease. This is true if it is a month-to-month lease or a longer term lease. A buyer of rental property is generally subject to the terms of… Read More »

What damages am I entitled to if I am injured?

Generally, the damages available in personal injury actions can be broken down into two categories, pecuniary and nonpecuniary. Pecuniary damages are those that can be measured monetarily. Reasonable expenses for past and future medical care, treatment, and services are compensable monetary damages. Another area of damages that can be measured monetarily is past and future… Read More »

SHOULD I JUST PAY THE TICKET?

Question: I hit a patch of ice and slid off the road into a ditch. I wasn’t able to get my car out of the ditch until the next day. A few days later I received a ticket in the mail for failing to report an accident. How much could a ticket like this cost… Read More »

How is Child Support calculated?

There are a number of different factors used to determine how much the child support obligation will be. First and foremost are are the incomes of the parties and the number of overnights that the children will spend with each parent over the year. Other factors are the amount paid for day care (if a… Read More »

Every year I make a resolution to get my estate plan done, but I keep putting it off. I don’t know whether I need a Will or a Trust, or what other planning I should do. What’s the best way to get started?

This is a great question. Like you, many people make a New Year’s resolution to get their estate planning done, or update old estate planning, but then don’t follow through because they don’t know where to start. I’ll give you two options that will make it easy for you to get started. First, you can… Read More »