You just realized an asset wasn’t included in the settlement agreement. Now what?

The custody schedule, support provisions, the sale of the marital home, and the agreement has been signed. This means at this point, the divorce is finalized. Just when everything seems they will return to a new normal you realize that an issue was forgotten and not addressed in the settlement agreement. So, what happens now?

Continue Reading Steps to Take When an Issue in a Divorce Settlement Is Overlooked

Old Country Buffet’s parent corporation, Fresh Acquisitions, LLC, filed for Chapter 11 bankruptcy protection on Tuesday, April 20, 2021, in the Northern District of Texas, docket # 21-30721. The San Antonio-based company operates six (6) restaurant chains in 27 states – Ryan’s, Old Country Buffet, Tahoe Joe’s Famous Steakhouse, Fire Mountain, Furr’s Fresh Buffet, and HomeTown Buffet. According to Restaurant Business, this is the fifth time that the company’s various chains have filed for bankruptcy protection since 2008.

Continue Reading Old Country Buffet’s Parent, Fresh Acquisitions, Files for Chapter 11 Bankruptcy in Northern District of Texas

As Family Law attorneys, we are familiar with the importance of discretion—especially involving sensitive subject matters. We listen to very personal and/or sensitive information from clients regularly, it is part of our jobs. We fully understand that we owe a duty of confidentiality to all of our clients and take that very seriously.

However, this may be the first time you are looking for a divorce attorney. Most people find their divorce attorneys by either word of mouth referrals or online. If you searched for a divorce attorney on a shared computer, you might find yourself lying awake at night wondering if these ads may appear the next time your spouse is logged on. What does not have discretion or a duty of confidentiality is the software that allows the ads to appear online by remembering/recording your recent online searches. Here are a few simple steps you can take to prevent an unfortunate situation of your spouse seeing an ad for a divorce attorney or law firm while shopping online.

Continue Reading Tips for Searching For a Divorce Attorney Online Without Your Spouse Knowing

One of the most often asked questions about equitable distribution of marital assets is how a retirement asset is divided between spouses. The answer depends in large part on what type of retirement account is being divided, and what rules are associated with the retirement account.

All retirement accounts are not alike. The first question that must be asked is what type of retirement account are you dealing with? Generally, retirement plans are one of two types: a defined contribution plan, or a defined benefit plan.

Continue Reading Dividing Retirement Benefits in a Divorce

It is not uncommon for drafters of Wills to include a “no-contest clause” in a decedent’s Last Will and Testament. The purpose of the “no-contest clause” is to provide for the disinheritance of an heir to the estate should they challenge the validity of the decedent’s Last Will and Testament. While a “no-contest clause” could ultimately have this effect, it can likewise be defeated during a challenge to a Will. Further, if the litigation is settled before trial, there would typically be an agreement between the parties that the “no-contest clause” would not apply.

Continue Reading No-Contest Clause in a Will

Recently, the Ninth Circuit Court of Appeals affirmed the decision of Judge Thomas S. Zilly of the District Court of the Western District of Washington in favor of defendant John Doe, a retired police officer accused of illegally downloading and distributing adult content produced by Strike 3 Holdings LLC. [1] Agreeing with the district court’s finding that Strike 3 failed to prove its claim that the defendant pirated its adult films, the Court of Appeals upheld the lower court’s order requiring Strike 3 to pay defendant John Doe $47,777 in costs and fees.

Continue Reading Retired Police Officer Prevails Against Adult Film Studio Strike 3 Holdings in Proving His Innocence in Copyright Infringement Suit

Suppose a party seeks to challenge a decedent’s last will and testament based upon claims of competency or the improper assertion of undue influence. In that case, this contestant may also seek to challenge the transfer of certain non-probate assets that could comprise either the majority or a substantial percentage of the decedent’s assets. The grounds for challenging such transfers may be identical to those pursued in a challenge to a last will and testament, however, may be subject to applicable statutes and different standards of proof that govern a challenge to a particular class of asset.

Continue Reading Challenging the Transfer of Non-Probate Assets

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (the “Act”) into law. The Act is a $1.9 trillion economic relief package intended to address the COVID-19 pandemic.

Continue Reading American Rescue Plan Act of 2021 Provides For Additional Cash Assistance and Supplemental Federal Unemployment Benefits

During a Will contest, there are several different ways that a party seeking to challenge the validity of a Will may attack the document. One of the most common ways is to challenge the decedent’s competency when he/she executed the Will. In essence, the challenge would be that the decedent was not mentally competent at the time he/she executed the last will and testament, and therefore, this document is invalid as a matter of law.

Continue Reading Invalidating a Will Due to Lack of Competency of the Decedent

Once an individual is appointed as an executor of an estate, they will have access to assets that belong to the estate. Some of these assets may involve liquid funds which the executor can utilize during the administration of the estate to complete this process. Some permissible uses would be retaining counsel to assist with administration, or using assets of the estate to pay any applicable taxes or expenses of the estate. Unfortunately, at times, the executor may improperly utilize estate assets for their benefit and not for the benefit of the estate or the beneficiaries of the same. Such misuse of estate funds by an executor would be a breach of the executor’s fiduciary duty.

Continue Reading Misuse of Estate Funds by Executor of an Estate