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November 18, 2013

Could "date night" help solve Arkansas's divorce rate?

One of the most difficult issues for legislators and judges—and pretty much anyone who has to think about family law—is the role of the State in overseeing the family. Where does the State’s interest end in promoting the family? What is the definition of marriage? Does the State have any interest in promoting traditional marriage? These are not easy questions.

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November 16, 2013

Estate Planning: Single & Employed

This is a continuation of the previous article on estate planning and how most people’s biggest concern should not be the estate tax, also known as the “death tax.” Most people believe estate plans are for those who have a large amount of wealth and forget the simple things. These are simple documents we all should have, even when we

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November 14, 2013

Estate Planning: Young & Broke

To hear estate planners and “death tax” opponents tell it, a crisis looms. Currently, the estate tax exemptions are at a little over five million dollars ($5,000,000.00) for one person and double that for a couple. We all know there are not that many people in Arkansas that need to worry about the death tax. Meanwhile, the tax focus obscures

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November 13, 2013

Arkansas Divorce Law: Three Options

Many people think that there is only one solution to a marriage that just won’t work: permanently end it. And while that may be the most common solution (and is often the right one, depending on the circumstances), Arkansas family law gives married people more options. Marriage dissolution (what we usually think of as “divorce”) is, after all, a creature

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November 12, 2013

Have a Trust? Will it Work at Death?

Everyone knows that Trusts are part of estate planning. Most people go to their attorney after the documents are prepared and “execute,” the trust and other documents, including the durable power of attorney, the health care power of attorney, and a pour-over will. After that, they are done, right? A trust only controls the assets titled in its name. You

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November 11, 2013

Family Law for Veterans

I have several close friends who have served in the military, and I always love to hear their stories when we get together. Unfortunately, however, I typically need a translator because the military has an acronym for everything. It’s not a job, it’s an “MOS.” It’s not exercise, it’s “PT.” And even if it sounds normal, it’s different for the

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November 8, 2013

Keeping the Family Business in the Family

If you own and operate a business, you need to have a plan for the future of the business in the event you become unwilling or unable to manage it yourself. The problem with most business owners is they are so busy running their business they do not take the time to plan for the future success of the business.

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October 22, 2013

Lawyer who flipped the bird to defendant removed as a juror.

A partner at a Manhattan law firm has been removed as a juror in a New York case, but flipping the bird at the defendant is apparently not the reason for her dismissal. The lawyer was dismissed on Friday, apparently because she read a newspaper article about the case, a court spokeswoman told the New York Times. A defense lawyer

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October 18, 2013

What is a Life Estate?

There are numerous ways that a person can hold ownership in property. One way is the life estate. If a person holds property in a life estate, he or she retains the right to occupy, possess, and enjoy the property for his or her life. However, when he or she passes on, their interest in the property automatically ends. Due

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October 17, 2013

Wills vs. Trusts

Wills A will is an instrument that determines the disposition of a decedent’s property after death. A person who executes a will is a testator. Valid wills override the intestacy statutes. A will is ambulatory, or revocable, up to the death of the testator, at which point it becomes irrevocable. A will can be revoked, in whole or in part,

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