Archive for July, 2011
To Kindle or not to Kindle. That is the question. On the one hand, books have played a significant role in my life. I love them. I love their heft, their solid feel, the way the pages riffle as you fan them. I love the aroma of a good book, the enticing allure of the dust [ READ MORE ]
Sometimes it happens that you find it necessary to withdraw from representing a client. Maybe an ethical dilemma has reared its head. Or perhaps you and your client have developed irreconcilable differences. Or it could be that your client has not met the terms of the employment contract as to cooperation or payment or in [ READ MORE ]
Administration. Supervision of an intestate estate under the auspices of a court exercising jurisdiction. Administrator. (f: Administratrix) One appointed by the court to take responsibility for an administration. Also used with certain modifying terms to designate a person appointed to replace an executor named in a will. Administrator with the Will Annexed. (Administrator cum testamento annexo, or [ READ MORE ]
If you will read the statutes that apply in your case, you will find exactly the language you need to plead a proper claim and lay out jurisdiction and venue. It’s right there in the code. The closer you adhere to the statutory language, the more likely it is that your complaint will withstand an [ READ MORE ]
MCA § 91-7-145(1) requires the estate fiduciary to make “reasonably diligent inquiry” to identify persons who have claims against the estate, and to notify them by mail at their last known address that failure to probate a claim within the statutorily-prescribed time will bar their claims. MCA § 91-7-145(2) provides that: “The executor or administrator shall file with [ READ MORE ]
“By means of all created things, without exception, the divine assails us, penetrates us, and molds us. We imagined it as distant and inaccessible, whereas in fact we live steeped in its burning layers.” – Pierre Teilhard de Chardin “Sometimes I think that just not thinking of oneself is a form of prayer.” – Barbara Grizutti [ READ MORE ]
What does this fairly commonplace paragraph from a PSA mean: School and Extracurricular Expenses. Husband and Wife shall each be responsible for one-half (1/2) of all school and extra-curricular expenses incurred by the minor child including but not limited to the cost of books, activity fees, lab fees, school uniforms, tuition, and sports equipment. Does [ READ MORE ]
It was only last month that the COA dispatched two appeals to dismissal-land because they were taken from less-than-final judgments. You can click the link to read about Jackson v. Lowe and S.E.B. v. R.E.B. The underlying principle is, you will recall, that an appeal only lies from a final judgment, and if any issues remain unadjudicated [ READ MORE ]
The hamlet of Gould, Arkansas, population 850 or so, has a lot in common with 1939 Munich, Germany. If the Gould City Council has its way, citizens in Gould will enjoy the same lack of basic civil rights that Germans did under the Nazis more than 70 years ago. You see, the City Council of Gould last week [ READ MORE ]
Thank goodness most, if not all, lawyers are paragons of mental health. Otherwise they would regularly be reduced to quivering, sobbing hulks curled in a fetal position on the office hook rug, terrorized by the veritable panoply of unseen legal bugaboos that can bite them, sometimes fatally, in the butt. These legal viruses are not mere phantasms; [ READ MORE ]
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