YES! It is true that a Judgment of Divorce must be enforced within a specific time period. The “Statute of Limitations” bars legal action after a certain amount of time. For example, in most personal injury cases you have 3 years to sue and in most contracts cases you have 6 years to sue. To… Read More »
Posts Categorized: ASK THE LAWYER
I had an attorney prepare a living trust for me about 7 years ago. Do I need to update my trust?
There are two reasons you may need to update your trust. First, because the law has changed. Second, because something in your life has changed. Some recent changes in the law have been: (1) a new power of attorney law in 2012; (2) a new funeral representative law this year; (3) annual changes in the… Read More »
Should I speak to an attorney if I am charged with drinking and driving?
You should always speak to an attorney when you have been charged with a crime. Even if you know you are guilty and want to come clean, that is not always the best decision. There are things that an attorney will know that are not necessarily obvious to the general public. A first offense OWI… Read More »
My mother is going in for surgery next month and I was wondering what kind of planning she should do beforehand?
Great question. Your mother should have at least a “base” estate plan in place. First, she needs to put someone in place for financial and medical decisions if she can no longer handle her affairs. Be very careful here – many times a “form” or “standard” power of attorney doesn’t work the way you expect…. Read More »
I JUST GOT MY JUDGMENT OF DIVORCE, NOW WHAT?
Your divorce is over; there are certain things that you should keep in mind. Custody, Parenting Time and Child Support are always modifiable if there are changes in circumstances. This means that either party may ask the Court for modification. Modifications can be difficult to do on your own so you should contact a lawyer… Read More »
My wife and I have a cottage up north. Is there any special way we need to deal with it in our estate plan?
Cottages and vacation homes are special assets. Many times they have been in your family for generations. There are several legal issues that arise with cottages that don’t arise with other assets like your home and finances. For example, maybe one child uses the cottage but other children don’t. Maybe some of your children can… Read More »
Will I have to pay Alimony? I have a fairly short term marriage (3 years), no kids but I make a lot more than my wife. I am not sure how to plan.
There are a number of different factors used to determine whether alimony (referred to as spousal support) should be considered. Length of marriage, difference in income, education of parties, special needs of the parties, earning potential and history, fault and other factors are all considered. You will need to provide more information to determine the… Read More »
My mother is in a nursing home. What are the acceptable ways of “spending down” her money so she can apply for Medicaid?
Medicaid is a very complicated area of the law. There are legal ways to “spend down” your mother’s assets to apply for nursing home Medicaid. But be careful, because there are also many ways that could result in getting your mother disqualified for benefits. In short, you may pay for goods and services for your… Read More »
Will I have to pay Alimony? I have a fairly short term marriage (3 years), no kids but I make a lot more than my wife. I am not sure how to plan.
There are a number of different factors used to determine whether alimony (referred to as spousal support) should be considered. Length of marriage, difference in income, education of parties, special needs of the parties, earning potential and history, fault and other factors are all considered. You will need to provide more information to determine the… Read More »
“I am Veteran. How do I get financial assistance to stay in assisted living?”
Question: I am a Veteran who served during the Korean War. I recently moved to an assisted living community and I need some help paying for my care. I heard there was a benefit for Veterans and was hoping you could explain what it is. Answer: There is a little-known Veterans’ benefit called “Aid and… Read More »