My mother is 93. She is healthy, takes care of herself, cleans her own condo, and does her own grocery shopping. She had a doctor’s appointment where the doctor recommended moving into assisted living because of her age. She firmly asserted that she has been doing just fine at home and would like to stay… Read More »
Monthly Archives: July 2017
My mom was just diagnosed with a type of dementia, and has cerebral degeneration and a sleep-disrupting disorder. She has never made a will or put much thought into it until now. Is she still legally able to sign a will even though she has been diagnosed with dementia?
Signing a will while having dementia does not automatically make a will invalid. In order for a will to be valid, the person signing must have “testamentary capacity,” which means they must understand the implications of what is being signed. Generally, your mother would be considered mentally competent to sign a will if the following… Read More »
I was put on probation and ordered to drug test, what will happen if I fail a test?
If a person on probation is accused of violating probation, such as failing a drug test, the probation officer will inform the court of a potential probation violation. Once this has occurred, the probationer can either plead guilty to the probation violation or demand a hearing. At the hearing, the prosecuting attorney must prove that… Read More »
What are the main mistakes people make when they do their estate planning?
Besides not making a plan (which is a huge mistake all by itself), here are the top three estate planning mistakes I see almost every week: 1. Using “joint ownership” to plan. Do not put your kids’ names on your bank accounts or home without fully understanding the legal consequences. This can be a disaster. 2. Not… Read More »
Is Filing for Divorce considered a Breach of Contract?
No, but this is a very interesting question. At its most basic level, marriage is a binding contractual relationship between a man and a woman. All of the elements of a valid contract exist, those being Offer (“Will you marry me?”), Acceptance (“YES!!”), and Mutual Consideration (merging of assets and debts etc.). Marriage is regulated… Read More »