Question: An attorney prepared my “durable power of attorney” eight years ago. Is it still good, or should I have it updated? Answer: Great question. First, let me tell you that I believe your general durable power of attorney is the most important part of your estate plan. I want you to assume you are… Read More »
Blog Posts Page 8
I was divorced a year ago and I recently found out about an asset that my ex-husband failed to disclose. What can I do?
As is usual with regard to most divorce questions, the answer is “it depends.” First, look at the Judgment of Divorce and see if there is a section that addresses the issue of non-disclosed assets. If there is, the Judge will look at this provision and use it as a guide to resolve the problem…. Read More »
Should I hire an attorney, even if I may be guilty?
Question: My son was arrested for drunk driving. I think he should hire an attorney, but he told me he just wants to go to court and take responsibility for his actions. Am I sending him the wrong message by encouraging him to hire an attorney? Answer: No. You are not sending your son the… Read More »
HAPPY NEW YEAR 2015!
At the law firm of Matecun, Thomas & Olson, we understand how fortunate we are to be able to share our New Year with the clients and community who are a big part of our success. Before the calendar turns to 2016, before the social networking sites get flooded with messages, before the mobile networks… Read More »
Merry Christmas from Matecun, Thomas & Olson, PLC
We hope that you, your family and friends enjoy the most joyous Christmas. At this time of year we are thankful for all the blessings that we have been given and particularly thankful for all the many people we have been able to assist throughout the last year. God Bless You and Merry Christmas! “Let us keep Christmas… Read More »
I am in the middle of a divorce and my spouse says that she gets the first $20,000 out of the house because we used the proceeds from her house to make the down payment. Is she right?
No, probably not. Separate property (which is what she is claiming the down payment is) is not generally subject to division by the Court in a divorce. There are exceptions but they are relatively rare. Separate property can exist when there is: (1) a prenuptial agreement; (2) gifts between the parties; (3) retirement benefits; (4)… Read More »
My husband and I in our twenties. We’ve been married for 3 years and just had a son. Do we really need to have a Will at this age?
The short answer is “Yes”. You and your husband should have at least a basic estate plan in place. If something happens to you and your husband, and you don’t have an estate plan, the probate court will decide who raises your son. A good plan will allow you to name that person, and it… Read More »
One of our neighbors has filed a lawsuit to get title to portions of a road we use to access our property and that EMS vehicles use to provide emergency life saving services. The neighbor claims he has been in possession of the land in question for more than 15 years. What can I do?
First you must respond to the lawsuit or the neighbor can get a Default Judgment against you and anyone else who does not file a response. I recommend you and your other neighborhood friends all get together and hire one lawyer to represent all of you; it’s much less expensive that way. What the one neighbor is doing… Read More »
I was in an auto accident. Who pays for my damages?
Answer: Good question. Your insurance company is responsible for paying for the damage to your car. If you have a deductible, you can recover it from the other driver, up to $1,000, in what is known as a mini-tort claim. For your injuries, you may have two types of claims: first party and third party…. Read More »
Can I get a ticket for drunk driving, even if I wasn’t driving at the time!?!?
Question: Last weekend I was driving home from the bar, and I felt that I wasn’t ok to drive, so I pulled over to the side of the road to sleep it off. I woke up to a police office tapping on my window, and next thing I knew he was writing me a ticket… Read More »