Please join us the January 24 and February 10 for a 1-hour free CE Lunch & Learn entitled “Avoiding Breaches of Fiduciary Duties While Representing Seniors” with Attorney Lee A. Drizin. Masks will be required for all attendees, we look forward to seeing you at the event. Please RSVP by calling 702-362-1111. The post Free CE Lunch & Learn – January 24 & February 10, 2023 appeared first on Drizin Law | Probate, Wills, Trust, Real Estate and Family Law ..read more

Do you understand your duties when representing an elderly client? It is critical for you to be aware of the potential liability that the client may not have the capacity to understand their actions. Potential Liability. In Van Heyde v. Miller, 799 S.E. 2nd 133 (W.Va. 2017), a real estate agent was sued on the basis that the seller’s agent breached his contractual duties because he knew or should have known the seller was mentally incapable of legally transferring his property. The agent sought dismissal claiming the seller did not exhibit signs of mental incompetency. Nothing about the conduc ..read more

In many instances, family members don’t move forward timely with commencing the probate process after the death of a loved one. Unfortunately, these decisions are generally based on poor information. Understanding the probate process. Probate is simply the legal procedure your estate goes through after you pass away. During this legal proceeding, a court will oversee the process of appointing someone to be in charge (known as the “personal representative”), ensuring creditors of the decedent who file timely claims are paid and the assets of the estate are distributed to the proper heirs or ben ..read more

In our February 17, 2022 blog article entitled “Hate Speech is an ethical violation even when not related to real estate activities” we discussed the NAR Professional Standards Committee’s decision to approve Policy Statement 29 to expand the applicability of the Code of Ethics to all of a REALTOR’s activities. The article discussed an Ethics Complaint filed with the Missoula Organization of REALTORS to suspend the membership of a pastor and part-time real estate agent in Montana on the basis of “hate speech”. The agent withdrew his church from taking part in a free lunch program after learnin ..read more

Maieutics. That’s the word used to describe the Socratic method of answering a question with a question. The short answer to the question “do I need a will” is “yes” but Socrates would answer “do I like surprises?” Intestacy If a person dies without a will he or she is said to have “died intestate.” The estate of a person who has died intestate goes through probate court. The Nevada Revised Statutes determine who will inherit your assets when you pass away intestate. While this sounds reasonable, the results can have unintended consequences. If you are still asking yourself “why do I need a wi ..read more

Maieutics. That’s the word used to describe the Socratic method of answering a question with a question. The short answer to the above question is “yes” but Socrates would answer “do I like surprises?” Intestacy. If a person dies without a will he or she is said to have “died intestate.” The estate of a person who has died intestate goes through probate court. The Nevada Revised Statutes determine who will inherit you assets when you pass away intestate. While this sounds reasonable, the results can have unintended consequences. Surviving Spouse. Assets acquired during the course of a marriage ..read more

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The post CE Course – The Importance of Planning for Death – July 8th appeared first on Drizin Law | Probate, Wills, Trust, Real Estate and Family Law ..read more

In 2010 the New York Times printed an article entitled “The Un-Divorced”. The article discussed couples who have stayed separated for years but never got divorced. For example, Warren Buffett, the chairman of Berkshire Hathaway, separated from his wife, Susan, in 1977 but remained married to her until her death in 2004 even though he had been in a long term relationship with someone after the separation. Why no divorce? The article discusses numerous reasons that married couples may separate but not divorce. “Divorce lawyers and marriage therapists say that for most couples, the motivation to ..read more

Imagine a situation where your spouse suddenly becomes extremely ill, is rushed to the hospital and becomes incapacitated. The spouse is admitted and being treated by numerous doctors, only some of whom you have had the ability to talk with directly. Eventually, you are told that your loved one has a serious condition that warrants surgery. You become overwhelmed, confused and uncertain how to proceed, but conclude that the place to start is to request a copy of the medical records so you can make an informed decision. You desire to determine what diagnosis may have been made, what findings ea ..read more