Articles

Beware the Will-Kit Part II: Powers of Attorney By Hannah Gladstone In my first post, "Beware the Will-Kit: The Costly Consequences of a $9.99 Will", I discussed the importance of a lawyer-made Will. The same principle applies, if not more so, to Powers of Attorney. Similar to Wills, there are very specific legislative requirements as to the proper execution of Powers of Attorney, and failure to comply with any one of them could mean that your “DIY” documents are not legally valid. June 15, 2017
WHAT TO DO WHEN THE DEAL GOES BAD? By Brian Babcock The purchase of a new home can be one of the most exciting times in anybody’s life.

But what about when the deal fails to close?

If you are the innocent seller, you likely will either simply forfeit the deposit as liquidated damages and carry on; or remarket the property, and sue the defaulting purchaser for expenses and any lower purchase price.
May 31, 2017
What is Mitigation? By Brian Babcock Mitigation is a principle of the law of damages which limits the recovery by a Plaintiff. The core principle is that a Plaintiff cannot recover losses that can be avoided by taking reasonable steps. This levels the playing field out of a desire for fairness to defendants. A Plaintiff should be put back in the position they would be in but for the Defendant’s wrong, but not in a better position. May 4, 2017
Life (insurance) After Divorce By Brad Smith The court decision of Moore v. Sweet has some harsh lessons for separating spouses and life insurance.

Ms. Moore was married to Mr. Moore. After separation, Mr. Moore and Ms. Moore had an oral agreement he would designate Ms. Moore as the beneficiary of his life insurance policy.
May 2, 2017
Beware the Will-Kit: The Costly Consequences of a $9.99 Will By Hannah Gladstone Why would you go to a lawyer to draft your Will, when you can create a “Do-It-Yourself” document at home for less than ten dollars? The simple answer is that the modest out-of-pocket expense now could save you and your Estate thousands of dollars in the long run. Beyond the financial consideration, there is invaluable peace-of-mind knowing that both you and your family will be protected by proper lawyer-drawn Estate planning documents, specifically tailored to your unique situation. April 19, 2017