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Finalizing a Divorce? Wait, Just One More Thing '
There is hardly anything more stressful in life than divorce. Indeed, according to the often quoted Holmes and Rahe Stress Scale, which analyzed the impact of 43 specified life events on general health, divorce and marital separation came just behind “death” at the top of the list. Thomas H. Holmes and Richard H. Rahe, The Social Readjustment Rating Scale, J Psychosom Res, Volume 11, Issue 2, August 1967, pp. 213-218. It should therefore come as no surprise that, at the end of all the legal and emotional wrangling in finalizing a divorce, clients (and, often, their lawyers) are loathe to tackle issues addressing end-of-life.
As an estate-planning attorney, I find that one of the biggest obstacles in accomplishing effective planning is getting clients to embrace the idea that estate planning is not “finished” when the Will, Power of Attorney and Health Care Proxy are done; it is a fluid process, requiring periodic review and adjustment in the face of changing life circumstances. Nowhere is this truer than in the case of a divorce. It may not technically be part of the matrimonial lawyer's wheelhouse to review, re-structure and execute a client's estate plan, but the newly single client's changed circumstances should include a discussion of his or her estate, and how plans for it might need to be adjusted in the face of a finalized divorce.
Basic Estate-Planning Documents
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.