Disposable Income

Do you have more money than you know what to do with?  I know a few people like that.  I knew a guy who bought and traded twin-engine planes like most kids trade baseball cards. 

The thing is that people will buy what they want to buy not necessarily what they need to buy.

Recently, I became a card-carrying member of Costco.  Consequently, each week I get an email message from my friendly neighborhood Costco telling me about all the lovely thing I could buy - not things I value or want but someone apparently does.

This week, I got a notice about one such item that caught my attention called La Prairie Skill Caviar Liquid Lift.  Sounds French - which, to be fair, isn't a bad thing - it's just a thing....an expensive thing.  

Anyway, most times when I get these emails, it says how much the thing costs. What caught my attention was that there was no price attached to La Prairie Skill Caviar Liquid Lift which piqued my interest and got me to doing some investigating.

According to the official La Prairie website:

The new Skin Caviar Liquid Lift is augmented with Caviar Micro-Nutrients to help support skin's metabolism for augmented lifting efficacy. Day after day, wrinkles and lines appear faded, skin is firmed and youthful contours are revealed.

Sounds like fancy make-up.  Turns out, La Prairie Skill Caviar Liquid Lift costs an astounding $785 (USD) for a 50 ml/1.7 oz bottle.  

For $785, I'd want someone to come apply the stuff personally!  That's the thing, though.  While I can't see spending that much cash for something I can't even eat, other people clearly will and do.

The reason I'm bringing this all up is because I was talking to someone I met on the street.  Person was standing next to his spanking brand new Chevrolet Stingray Corvette 3LT Convertible. 

It was beautiful.

In the course of our conversation, Person noted that they were looking to provide for their family in case of their demise and was wondering to me whether they should get a will or a living trust.

According to Google, a living will outlines your medical preferences if you become incapacitated - essentially a durable power of attorney.  It addresses end-of-life medical care, such as the use of life support, pain management, and organ donation

A living trust, on the other hand, manages and distributes your assets during your lifetime and after your death allowing you to bypass probate (a costly legal process of distributing assets after death) and ensures your assets are distributed according to your instructions.

Believe it or don't, there are a whole lot of people in legal land who will say they can help you at low cost.  Popular legal website Rocket Lawyer says they'll help you create a trust.  Popular publisher Nolo Press has resources that can help you create a generic trust.  However (and I say this from experience working for an estate planning attorney), nothing beats the confidence knowing that you had a lawyer create your trust/will. 

I can't count the number of people we had to bail out in probate court either because their deceased didn't leave a will or the documents they did have were defective and were tossed by the probate judge.  Sometimes there was a trust but, for whatever reason, the trust was never properly funded and their heirs wound up in probate.

Anyway, I suggested Person take a look at Martindale.com to help locate a reputable estate planning attorney.  Aaaaaand that's about where the conversation fell apart.  

Seems Person was really into his money and wasn't really interested in spending money FOR a trust or a will.  Person was just looking for a way to protect his cash for his loved ones without spending any money or the least amount of money possible.

Yeah, it didn't make sense to me but who am I to argue with someone who was wearing a down payment on a house and driving an $185,000 vehicle? 

Thing is, we all decide what we value and what we're willing to spend our money on.  Person liked expensive things but clearly didn't value legal assistance as much as he (or his heirs) probably should (or will).

Things to do TODAY

How many out in blogland love to procrastinate?  Well, maybe you don't love to procrastinate but you do it anyway, right?  

Like holiday shopping, or buying the wife an anniversary gift, or waiting until 3:00AM to do your homework, or making that dentist/doctor appointment, or updating a will/trust.

It was because of that last one (updating a trust) that compelled a couple to come into my library the other day.  Seems once upon a time Dad had prepared a trust.  Spent thousands of dollars on it, he did.  Then one day, Dad died.

The way the couple told it, Dad was meticulous.  Dad had planned for everything.  Every piece of property was accounted for, every penny was identified, everything was planned down to the finest detail.  

Problem was, while everything was carefully examined, "someone" had failed to fund Dad's trust.  Not a single asset had been transferred to Dad's trust before he died.  

Big OOPS!

So, wait, what's the problem with not funding a trust? Basically, if you don't fund your trust before death:

• Assets the deceased owned will be probated (with a big chunk going to the courts)
• Your estate may pay more in estate taxes (equals less money for beneficiaries)
• You may unintentionally disinherit people (makes for awkward reunions)
• A conservator must be established to represent minors (and is paid by the estate)

Couple is now standing in front of me with pleading eyes begging me to tell them everything will be ok and that there is a magic document that can help them avoid probate.  Oooooooh that dreaded word: Probate.  The place that sucks everyone's inheritance down the drain.

Turns out, there was no magic document.  Because "someone" failed to fund Dad's trust, Dad's trust is not worth the paper it was printed on.  

Of course, I couldn't tell couple that (legal advice, and all).  What I the non-attorney/Librarian could tell them was that they were in for not a few hours of research and suggested that take a look at:

• California Decedent Estate Practice (CEB)
• California Trust Administration (CEB)
• California Probate Practice (Lexis)
• California Practice Guide: Probate (TR)
• California Probate Code 850(a)(3); also referred to as a Heggstad Petition

and off couple went to lick their wounds and prepare their case.

I guess the moral to this story is, you can never be too prepared.  If you think you've got every "T" crossed and every "I" dotted, might I suggest you do it again because I'm betting you (or "someone") forgot to do something.

Death's Door is right around the Corner

What is it with death and dying?  I mean, why are people so fixated on life that they're afraid of dying?  Face it, we're all getting older. From the second we pop out the womb, we're getting older.  I was reading an article today about how old people (i.e. people older than me) are constantly clamoring for the latest tip on how to find or manipulate the fountain of youth.

You want to know the secret to a long life?  Eat lots and lots of fiber.  You won't live longer but it will feel like it.  For the rest of you who realize that death and dying are inevitable, might I make a suggestion that will help with the your passing.  Save all your money for your beneficiaries or spend it all before you die.

If you are all for saving your money, then in good company you are because there are millions of ways to invest your hard earned monies and ensure that it goes where you want it to go.  For the saving and giving crowd, might I suggest you take a look at:

• Trusts and Trustees (Thompson Reuters)
• Page on Wills (Lexis)
• California Will Drafting (CEB)
• California Probate Practice (Lexis)
• A (financial) donation to your local law library

On the flip side, if you've decided that work is for the birds and you're ready to spend, spend, spend it all, then might I suggest you take a look at:

• Internet Gaming Law (Liebert Pub)
• Gambling and the Law (Gambling Times, Inc)
• Condominium Law and Practice Forms (Lexis; for those into timeshares)

Yep, time is not your friend.  Whether you're staring down both barrels of mortality or looking up at the sky (whilst sunbathing in Bali), know that your local county law library has pretty much anything you need to help you get to your happily ever after.

It's what I do

Do you know what a tool belt is used for?  It's to hold tools.  Tools like a hammer or measuring tape or a level.  You use tools to accomplish things - like saving time.  When you use a measuring tape to hammer a nail, you aren't saving time.  When you use a level to measure distance, you aren't saving time.  When you try to do your own research instead of using a Librarian who does this stuff every day, you're not saving time and you're just going to get frustrated.

Wait, what?  See a while back, I got in to an argument with a buddy of mine.  He a real estate broker and he's really good at all things real estate.  He's spouting how worthless Librarians are and how he's the bees knees when it comes to all things research.  Sad, that he hasn't got anything better to do with his time than to try to do his job AND my job at the same time.  

You know, I don't know beans about real estate.  When I bought my house, I didn't try to get it done on my own - I hired a real estate agent (i.e. a professional tool) to do the job.  

• If I needed to have my appendix removed, I'd hire a surgeon (i.e. a professional tool) to cut me open.
• If I were being sued, I'd hire a lawyer (i.e. a professional tool) to represent me.
• If I needed to fly from Los Angeles to New York, I'd charter a plane and hire a pilot (i.e. a professional tool) to fly me there.

So, why is it people think, when they have a problem that they need to research that they are alone in the lone and dreary world?  Why do it yourself when you can save yourself the time and trouble by requesting the services of a professional tool?  

Fact is, when it comes to researching something there is NO ONE who does it better than your local Librarian.  If you're searching for law or legal things, there is NO ONE who does it better than your local county law Librarian.  

Why would mere mortals spend the time futzing on the Internet trying to find what it take me (a Professional Librarian) mere minutes or even seconds to find using either print or online using resources?  It  boggles my mind.

For example, say you were being evicted and needed to know how to defend yourself.  What would you search for online?  I know, but do you?  See, you could do it yourself but you could also save yourself a heap of grief by coming to the law library so that I could show you such wonders as:

• California Eviction Defense Manual (CEB)
• California Tenant's Rights (Nolo Press)
• California Forms of Pleading and Practice (Lexis; Vol. 29 (Landlord Tenant))

Say, instead your Dad died and he left a will but your brother announces that Dad left you out of the will.  What do you do?  Well, you could futz around on the Internet until the cows come home or let me (your local county professional tool) suggest you look at: 

• California Trust and Probate Litigation (CEB)
• California Forms of Pleading and Practice (Lexis; Vol. 38 (Will Contest))
• California Civil Practice: Probate & Trust Proceedings (TR; Vol. 2, Chp. 10 (Will Contests))

One more?  Say you've discovered that you need your appendix removed and want to draw up a Power of Attorney.  You could futz around on the Internet trying to find something that works (and will stand up in court) OR you could talk to your local professional law Librarian who might suggest you look at:

• California Powers of Attorney & Health Care Directives (CEB)
• California Wills & Trusts Forms (Vol. 3 (Durable Powers of Attorney))
• California Probate Code 4401 (Financial POA)
• California Probate Code 4701 (Health Care POA)

And how long did it take me to find all this information?  Maaaaaybe 3 minutes, tops.  How?  Well, simply because I practice researching crazy legal questions every day.  I don't practice real estate.  I don't practice medicine.  I don't practice flying airplanes.  I practice helping people find answers to legal problems every single day of the year.

So, to my buddy who thinks he's better than I am at finding things in print or online, I don't know what you're smoking but it's waaaaay above your pay grade, pal.  Maybe time to give it a rest.

Word of the Month for January 2017: Resolve

When is is acceptable to have sex with a minor?  When you're their teacher?  When you're their employer?  A parent?  A priest?  I suspect, the answer is when they're over the age of majority (in which case, they are no longer a minor and the question becomes a moot point).

I bring this up only because I was reading a while back about a teacher who succumbed to the wiles of her 8th grade student via Instagram.  Yep, Alexandria Vega was doing the tube steak tango with a 13-year old student and got caught. Basic facts are student contacts teacher via Instagram and bends her ear.  Eventually teacher relents, love blossoms, teacher gets pregnant and kid's parents couldn't be happier. Happier?  Really?!?  Kid has to deal with child support before he's even out of puberty and the parents are happy? Sad. Really, really sad.

Being a new year, we can fix all this (or at least start to fix things).  Sure, that's what resolutions are for, don't cha know. Of course, this all brings me to our word for the month: RESOLVE.  According to Black's Law Dictionary, RESOLVE means to:

to find an acceptable or even satisfactory way of dealing with (a problem or difficulty). To make a definite decision to (do something); to set one's mind to (a course of action)

So, maybe our first resolution is to NOT have sex with a minor.  Yeah, that's pretty definite. Don't boink students you teach; don't tango with minors who work for you; don't do the choir boy(s); don't make kids with your kid.  Sounds easy enough, right?  Yeah, maybe not since 80% who make resolutions fail to keep them.

How about some resolutions you can (legally) keep:

• Resolution 1:  Drink more water.  Did you know drinking water helps boost your metabolism (which aids in losing weight)?
• Resolution 2:  Exercise more.  "Studies" have shown that daily exercise helps you not be fat and lazy or develop diabetes (not that those are related but, well...uh...).  Years ago I joined a club and did the treadmill three times a week. The result was I could move longer and not get tired.  These days, not so much.
• Resolution 3: Eat less salt.  High salt diets lead to high blood pressure and stress on the heart.  Not good things.  Best, then, to eat less salt.  Not no salt - just less of it.
• Resolution 4: Donate all your money to your local county law library.  Everyone dies.  Everyone.  Why not annoy the living heck out of your relations and donate all your money to your local county law library?  Yeah - that way, the entire community benefits and your relations finally know what you really think of them.

So, there you go - four resolutions you can resolve to keep. Not very legal and no legal resources but all healthy and beneficial to someone.  Maybe not you, but someone.

Take it to the Bank

In today's news is a story about a homeless couple who received a $20,000 wedding all donated by their community. Despite research showing the more you pay on a wedding, the better chance your union will end in divorce, this community chose to burn TWENTY THOUSAND DOLLARS for a one afternoon event for a couple that lives in a tent in a homeless campground.  Does no one see the problem with this?!?

I guess it's a matter of perspective.  From my perspective, maybe someone could have enrolled husband or wife in school to teach them skills that could help them get out of their homeless state? Maybe someone could have spent part of that $20,000 and put them in an apartment?  Maybe they could have spent some of that money and paid for a year of groceries or invested it for their golden years!?

This, of course, reminded me of an instance a while back. Seems a lady lived with her mother in mothers house.  Lady took care of mom.  When mom died, lady stayed in the house.  Sister came along demanding her share of the estate (and the sale of the home).  A fight ensues lasting little over 18 years where lady and sister are at each others throat spending every dime they have until they had no more money, the estate goes through probate and in the end there was maybe $100 for each.  At least sister didn't get the house, right?!

Moral of the story, just because you are right doesn't mean you're right and just because you can, doesn't mean you should - and you can take THAT to the bank.

Thus sayeth the Librarian

Have you ever read the Bible? Whether you have or have not, let me clue you into a pertinent fact. When the text says, "Thus sayeth [the prophet] or [the Lord]," that's the time you should pay attention.  Like the prophets of old, your modern law Librarians are as close to a prophet as most people are ever to come across.  Dang, but everything we say is scripture and should be taken down verbatim!

For example, the other day an oldish woman came in the library.  Seems she was looking to create an estate planning packet including a pour over will, a living trust and powers of attorney (financial and health care).  For the record, while most all law libraries have resources related to estate planning, not all resources are created the same and some are better than others.

Anyway, I started with California Wills & Trusts Forms (Lexis). She says it's too complex.  I then show her Drafting California Revocable Trusts (CEB), California Will Drafting (CEB) and California Powers of Attorney and Health Care Directives (CEB).  

Still, too complex, says she.  Throwing a Hail Mary, I led her over to Am Jr Pleading and Practice Forms Annotated (Thomson Reuters).  Says she, "don't you have anything that is easier?!"  Yes, there is one or two titles that will get you to first base, says I, but I would not suggest using it as your only resource. Demanding that I show it to her, I hand her Living Wills & Powers of Attorney for California and Quick & Legal Will Book (both by Nolo Press).

Sadly, she was happy with that and declared that she had everything she needed and would supplement her trust with what she could find on the Internet.  With a heavy heart, I muttered, "Thus sayeth the Librarian,....you really, really don't want to do that"  but off she went happy with her second string resources.

Months later, children of the woman came in looking to see what they could do because (their words) the probate judge had just struck down the woman's trust and invalidated her "living" will sending her entire estate through probate.  Oops.  I don't like saying I told you so, but....

I guess the moral to this story is (if moral there be), if your local county law Librarian thinks it important to tell/show you something, you'd best heed their warning lest you become an example of what others should not be doing.  

Thus sayeth the Librarian.

Tales from the Reference Desk

Have you ever been talking to someone and they say, "don't tell any one but..." and then they go on to tell you all the nasty things they've been doing over the last 6 months?!  I mention this only because the other day I was fed a couple of stories that were just like that.

So, don't tell anyone but this Lady came into the library the other day.  Seems Lady was head and majority shareholder of a close corporation.  Seems Lady had recently received (and accepted) a buy-out offer for her shares at a premium price to an outsider.  Seems, in doing so, Lady had breached the agreement made with the minority shareholders and was now scrambling to get away before she had to fess up and wanted to know resources she could use to help get her what she wanted (to keep her money).  Despite the fact that she knew she was doomed before she started, I suggested she take a gander at

• Fletcher's Cyclopedia Corporations (West)
• Law of Corporate Officers and Directors (West)

Another one, you say?  Well, really, I shouldn't but (and don't tell anyone but) there was the couple who came in the library who's Uncle had just passed on to greener pastures.  Seems Uncle had stashed a large cache of cash literally under his mattress.  Seems Couple was first on the scene and "strange" but when other family members arrived, no cache of cash was to be found.  Notwithstanding the fact that Uncle had "allegedly" drafted a holographic will leaving the bulk of his estate to his niece, Couple was at my library to find ways to secure their "right" to all the money.  Staggered by their bravado, I was able to maintain composure and suggest Couple take a look at

• California Probate Practice (Lexis)
• Uniform Probate Code and Uniform Trust Code in a nutshell (West)
• California Trust and Probate Litigation (CEB)

Yep, everyone has a story and some are wilder than others.  Regardless of what you have to say, know that your local county law library is not so much concerned about what you do to others as we are that you do something to secure your "rights."  So, head on over to your local county law library to see what we can do for you.

Word of the Month for September 2015: Undue Influence

You ever notice that some people just seem to exist to serve as a warning for others?  Yeah, like all those people who win Darwin Awards, or people who keep responding to emails from people in Nigeria, or people who check the box on their tax return to donate $3 to politicians.  

Such was the case I had presented to me the other day.  Seems guy had a large holdings of real estate (i.e. on paper, he was filthy rich).  Seems guy was in his 90's, recently had a high risk surgery, and was recently diagnosed with advancing dementia (i.e. he's about to lose his mind).  Seems also that guy had a "friend" who is encouraging him that before he completely lost his mind (non compis mentus, and all) that he create a trust and grant all his property to said friend.   

Turns out friend is with guy 8 hours a day and is the one person who helps guy change his diapers (my dad was in this boat and it really sucks), who helps guy remember to take his pills, who is the only person who talks to guy any more.  Is it any reason guy wants to give ALL his property to his friend?  On the surface, it all looks great - but then King Lear pops in my mind and friend's altruistic story all goes south.

Of course, this all brings us to this month's word of the month: UNDUE INFLUENCE.  According to Black's Law Dictionary, UNDUE INFLUENCE is defined as 

the improper use of power or trust in a way that deprives a person of free will and substitutes another's objective; the exercise of enough control over another person that a questioned act by this person would not have otherwise been performed, the person's free agency having been overmastered.

I suspect the question to be raised is whether someone would have done something but for the influence or interjection of another.  For example, a revered peer encourages another kid to steal something to show his loyalty to a group/gang.  Maybe, as here, the best example is where a trusted friend pressures a person to draft a will creating a legacy or gift for that "friend" by use of trickery, flattering, or suggestion.

While there may be none of this in guy's situation, I told guy that his best course of action would be to hire an attorney to draft his estate planning documents for him.  That way, neither "friend" nor anyone else can be accused of exercising UNDUE INFLUENCE as the attorney would be able to attest that guy had received adequate legal counsel and was able to make all gifts of his own free will.  

While I'm guessing that was not the answer "friend" wanted to hear, I'm hoping guy has enough going for him that he is willing to go the extra mile and make sure all his "t's" are crossed and "i's" are dotted before he moves on to greener pastures else "friend" (or most anyone else) won't get so much as a pot to piss in if/when loooooong lost family members suddenly re-appear to collect on the dearly departed's estate (as they often do when money is to be had).

Word of the Month for March 2015: Abuse of the Elderly

Don't know if you know but did you know that elder abuse is on the rise?  While Black's Law Dictionary defines Abuse of the Elderly as abuse of a senior citizen (generally those at least 60-65 years old) by a caregiver or relative; examples include deprivation of food, or medication, beatings, oral assaults, and isolation, I'm thinking that that should be broadened to include salespeople who take advantage of lonely old people or legislators who tax social security.

Anyway, I bring this up because the other day this "lady" comes in. Seems a while back "lady" was living with her dad. Apparently "lady" made dad's daily life a living hell what with the occasional beating. I say made because "lady" got arrested and was charged with violating California Penal Code 368 which deals with crimes against elder or dependent adults.  Fast forward a few years.  Dad dies and his estate goes to probate.  This is where "lady" comes in. Seems "lady" made a claim on dad's estate.  Because "lady" had been convicted of Penal Code 368, however, she is not able to get any money out of Dad's estate.  Mad as all get out is "lady."  Can you say wet hen?  

Anyway, "lady" says her criminal attorney "convinced" her to plead guilty to the Penal Code 368 charge.  Because of that advice, "lady" can't collect on Dad's estate so now "lady" wants to go after her former attorney for his "bad" advice. Being the neutral law Librarian that I am (in that I help most anybody who walks through our doors), I suggest she take a look at California Practice Guide: Professional Responsibility (West) and Legal Malpractice (West).

Thing is, law Librarians get a whole lot of people who come in their front doors.  Regardless of what they've done (or done to people) law Librarians are always open to help anyone and everyone.  Yeah, we're like that.

Word of the Month of February 2015: Guilty

Lately, I've been thinking about the concept of guilt. Specifically, why might a person who, with witnesses all around, pulls the trigger and then enters a "not guilty" plea.  How about the mom in Oceanside who "allegedly" drowned her 22 month son? Even after confessing to the crime and being charged with first-degree murder and assault on a child under the age of eight causing death - she pleads not guilty.

Of course, this all leads us to our word for this month:  GUILTY.  According to Black's Law Dictionary, GUILTY means having committed a crime; responsible for a crime.  A plea of a criminal defendant who does not contest the charges.  The funny thing to this is that rarely does anyone ever say they are guilty.  Heck, prisons are full people who were set-up (because no one in prison ever did anything wrong. No, really - just ask anyone in prison if they weren't set-up).

Speaking about wrong doing/doers, I was reading in the newspaper (yes, the paper version) about how some debt brokers (i.e people who buy and sell other peoples' debt) bought a number of defaulted loans/debts and then posted people's personal information on their website.  We're not talking one or two people's info.  Nope - we're talking Tens of Thousands of files with people's bank account and credit card numbers readily available on the Internet.  The problem with this is that even though the people who posted this information have been charged with violating consumer information protection laws, these broker people say they've done nothing wrong thus leading to a "not guilty" (i.e. "I didn't do anything wrong) plea.

Then there is the story of California senator Leland Yee.  On top of trying to promise guns to an undercover FBI agent, Mr. Yee allegedly sought money in exchange in passing legislation making it harder for professional football players to obtain workers compensation in California.  After being told an NFL official would pay $60,000 for his help, Mr. Yee voted for the bill and was subsequently charged with racketeering and other counts of accepting and soliciting bribes in exchange for exerting his influence in Sacramento (i.e. on bills under consideration in the state senate).  What a piece of work, huh?  Of course, even after being caught dead to rights, he still copped a "not guilty" plea.

OK, did the crime but don't want to do the time?  The question, then, is why enter a not guilty plea?  Is it to delay the inevitable?  Maybe they're hoping that time heals all wounds and the prosecutor will forget why they filed charges?  Or, as I suspect, the reason they enter the "not guilty" plea is because the charges being filed against them are harsher than they thought they would get and they are angling for a lesser sentence?  Maybe?!

Meh, I don't know.  What I do know is that if you're ever been charged with a crime and you're looking for a way out, know that the good folks at your local county law Library have the resources that you need to help you get to where you want to be.

Word of the Month for March 2014: Coercion

What sadist invented Valentine's Day?  Heck, from a guys perspective, little good can come from refusing to participate in V-Day.  I mean, look at the consequences of NOT joining in the festivities: sleeping on the couch, denial of services and (in the case of one friend of mine) separation and a nasty divorce - which all leads up to the word of this month: COERCION.

According to Black's Law Dictionary, COERCION is defined as compulsion by physical force or threat of physical force.  Coercion comes in many forms.  Some examples of coercion are blatant, others not so much.  

For example, this lady (sister 1) came into the library.  Seems Sister 1 had been taking care of the her very wealth father who had had a stroke rendering him unable to care for himself.  Sister 1 decides to go on a vacation and asks Sister 2 to watch father.  Sister 2 has a daughter.  Sister 2 allegedly tells father that unless he revokes all prior wills and draft a new will naming her sole beneficiary that he will never see his grand-daughter again.

Sister 1 comes home from vacation and Sister 2 goes about her business.  Later when Father dies, Sister 2 produces the will.  Sister 1 is, uh...angry and asks what she can read to "fix" things.  I suggest she take a look at:

• Page on Wills (Lexis)
• California Will Drafting (CEB)
• Handbook of the Law on Wills (West)

Another example?  A Guy comes to the library.  Seems Guy  really likes a particular young lady - but not in a marriage sort of way.  Young lady's dad doesn't like Guy at all.  What dad doesn't know is that Guy and lady have...uh...been having "relations" for some time and, subsequently, gets young lady pregnant.  When dad finds out, dad demands a wedding, Guy doesn't want to, dad owns several shotguns, Guy reconsiders, and a wedding date is set.  Guy comes into the library and wants to know how he can protect himself.  Stifling a laugh at the inside joke, I suggest he take a look at:

• Family Law in a Nutshell (West)
• Marital and Non-Marital Contracts (ABA)
• Premarital Agreements: when, why and how to write them (Harper & Row)

Ten minutes into his research, a look of relief washes over Guy and he is soon on his way to research nirvana.

While there are no guarantees that you will find immediate relief when you first walk into your local county law library, know that if you're ever under the gun and don't know where else to turn, know that your local county law Librarian is always ready to help you get to where you need to be.

Word of the Month for January 2014: Final

Time for another rip roaring edition of the Word of the Month.  The word this month is timely and fitting for this time of year - a time of endings and beginnings; a time of renewal and a time for getting off your backside and getting things done.

To wit, our word for this month is FINAL.  According to Black's Law Dictionary, FINAL is defined as:

(of a judgement at law) not requiring any further judicial action by the court that rendered judgement to determine the matter litigated; concluded.

To explain this concept, say your dad started all the paperwork to get divorced from your mom.  Dad files all the papers, signs all the dotted lines, serves everyone that needs to be served and then waits for the divorce to be FINAL.  

Years pass and dad dies.  More years pass and it is discovered that while dad filed all the papers and signed all the dotted lines and served everyone that needed to be served, that he never actually paid the filing fee....OOPS!  Courts won't process anything without payment (or an excuse not to pay).  Now that you've discovered that the divorce was never FINALized, you start looking around to see if you can still collect on dads' estate.  A dilemma?  You bet it is!

Some resources that can help you determine your ability to collect (or liability against collecting) in such a situation include:

• American Jurisprudence, 2nd (West)
• American Law Reports (West)
• Corpus Juris Secundum (West)
• Title 42 U.S. C. § 402

I suspect the upshot to all this is if you have something to do, get it done before it does you (or yours) in.