Legal blogs
I wrote dozens of these legal blogs for law firms all over the country. My job was to take common legal topics and make them engaging and, when possible, entertaining, then close with a call to action. Below are four random examples.
A TAX BREAK FROM BIG BIRD
Today’s legal advice is brought to you by the letter “R”, as in REDUCE your income tax by setting up a charitable trust. What is a charitable trust, you may ask, and what does it have to do with Big Bird?
Simply put, a charitable trust is a tax-exempt, irrevocable trust-- usually liquid-- that a generous donor legally distributes into a charitable foundation. These assets are managed by the charity for a certain time period, after which the assets belong to the charity, along with any interest or profits that may have been produced over the set amount of time, and no longer benefit the donor.
Why would anybody do such a thing? The answer to that question is brought to you by the letters “T” and “B”, which stand for Tax Breaks! Charitable trusts are a big-time winner for both the charity, who almost always need funding, and the trustor, who receives a significant tax break. As opposed to stock investments, which are highly appreciated assets and therefore open to massive capital and estate taxes, the charitable trust allows the trustor to get a prompt federal income tax deduction based on the value of the trust. After that, the amount of income tax owed by the trustor is determined by the revenue generated from the trust. After the allotted time for the trust expires, its ownership passes on to the trustor's heirs, whereupon estate and gift taxes are considerably reduced.
In addition to the obvious benefit of a large tax break for the donor, the real beauty of the charitable trust is its ability to have lasting impact on the lives of people around the world. The J. Paul Getty Trust is well known for funding arts programs all over the world and also supports the revered and respected Getty Museum in Los Angeles. Worth over $30 billion, The Bill and Melinda Gates Foundation is the world’s largest charitable trust, and puts its focus on high-poverty parts of the world, establishing clean water and agriculture programs. And anyone who has seen “Sesame Street” is likely to be familiar with the Pew Charitable Trust and the MacArthur Foundation, two charities that have funded PBS for years.
So, think you’re ready to step into a charitable trust? If you have the means, a charitable trust is a great way to give a little back and help people all over the world in countless ways. For more information about establishing a charitable trust, contact the law offices of Kreisher and Gregorowicz. You can set up a free consultation by calling (570) 784 5211, or visiting our website, www.columbiacountylaw.com .
NOT-SO-THINLY VEILED THREATS
Eric woke up one morning, wiped the sleep from his eyes, and slowly focused on the blurry object in his face. It was a gun pointed at his forehead.
“Good morning, darling,” he heard the familiar voice of his wife, Diana, say to him in a steady,
malevolent tone. He then heard the gun cock its hammer into place. “Time to get up.”
“Diana. C’mon! Not again!” Eric said with an air of nonchalance that Diana had grown accustomed to. He easily pushed her aside and got up. “I’m gonna be late. I don’t have time for this game anymore.”
“It’s loaded this time,” she replied, a little cooler than normal, Eric thought.
“Listen, I’ll have all my things out tonight and you won’t have to see me in the morning.” Eric made his way to the bathroom and grabbed his toothbrush.
“I swear I’ll pull the trigger,” Diana threatened. Eric remained calm as he brushed his teeth. “You know, my lawyer said I oughta get a restraining order against you. He may be right. You’re nuts, you know? Man, I’ll be glad when this divorce is over.”
BAM. A bullet shattered the mirror that Eric was staring into as he brushed his teeth. Eric froze as Diana dropped the gun and fell to the floor in tears. He gently walked over to her, removed the pistol from her reach, and rapidly called 9-1-1.
Those of us in the legal profession know all too well that domestic violence is not to be taken lightly. And during the process of a divorce, the mental anguish and emotional torment can ratchet up feelings of anger and resentment that can sometimes boil over into extreme violence.
If you have ever been physically threatened by your spouse, you may have dismissed it as a rare occurrence. Unfortunately, some people overlook these seemingly harmless threats until it’s too late (see Eric and Diana above). If you suspect that your spouse may physically harm you, contact the police and your attorney right away.
Law enforcement can request an emergency protective order (EPO) if it is apparent to them that someone is in serious danger. Judges in California are required to be available 24 hours a day in order to issue an EPO which goes into effect immediately. It remains active for one week, and if the abuser lives in the home with you, the law can forcibly have them removed for the duration of the EPO.
If you or someone you love is in possible danger of violence at the hand of a spouse, it’s a good idea to contact a lawyer experienced in domestic issues, if only to get free answers to your questions and provide a potential plan of action. Call the Law Office of Huguenor Mattis APC at (858) 346-5929, or visit or website at www.familylaw-sd.com , and set up a consultation today.
HONEY, I HIT THE HERD
On a chilly January evening in 1985, the Bennett family traveled to a small town in Southwest Nebraska to attend the funeral of the family matriarch. Jim, the father, drove his large, beloved 1983 Lincoln Mark VI, the radio playing quietly, as his son, Billy, and his pregnant wife, Tammy, sat in the bench seat next to him; in the backseat were Jim's wife, Paula, daughter Wendy, and 8-year-old David. It was around 10:00 p.m. on that quiet country highway, and a wave of drowsiness was affecting everyone after the three hours of a smooth, cozy, 60 mph ride in the cool, peaceful night.
"Dad! Look out!" screamed Billy from the front passenger seat. Young David in the back bolted awake to see the large head of a 1,000 lb. Angus cow slamming toward the windshield. Jim pulled hard to the right on the steering wheel as the front end of the car rammed into the first cow. He then clipped a second cow and drove off into a ditch on the side of the road.
The family ran out of the car. Thankfully, no one was hurt, as the Lincoln took the worst of the collision, its massive front end now rumpled up like an accordion. They looked around to see the first cow had flown over the car and landed about 20 feet behind the Lincoln. The second cow limped away howling and eventually collapsed. A third cow that no one had seen managed to get away unscathed.
A man from a nearby house came out to see what the ruckus was all about. He recognized the markings on the cattle as belonging to a rancher just down the road. The man said he would take care of the wounded cows, but that it would be best if done so after the shocked out-of-towners had left. They exchanged information and then Jim's brother, Mike, and his family came along shortly and took them to the hotel.
Many folks in the Plains states are familiar with hearing of accidents like ones like this. In Nebraska, cattle outnumber people 4 to 1, and in the cooler months they will seek warmth on the highways. This is very dangerous. Determining liability in a case like this can be very complex, and should you or someone you love find yourself needing legal assistance after an accident with livestock, contact Bottlinger Law, L.L.C, at (402) 505-8234, or contact our website, www.bottlingerlaw.com, for a free consultation.
HOW SWEET IT IS-- UNTIL IT ISN’T
“You’re nobody ‘til somebody loves you,” the words famously crooned by Dean Martin, “so find yourself somebody to love-- but be sure to sign a pre-nup whether you think you need one or not, Frank!” You can almost hear ol’ Deano adding that last line for his buddy, Frank Sinatra, while performing this beloved hit song in their hugely popular Las Vegas act at the Sands Hotel back in the 1960s. Perhaps you should heed his advice…?
“But I’m in love!” you say. “It’s the real thing. Nothing could tear us apart!” Well, believe it or not, but you’re not the first to feel this way about your betrothed, and, sorry to say it, but people change, circumstances change, and life changes. It’s not out of the question that divorce might rear its ugly head, and you and your spouse would be wise to have a pre-nuptial agreement in place.
“But what if my affianced thinks my request for a pre-nup is a sign that we’re doomed before we even start?” Yes, the pre-nup may take away a little of the romance of the moment, but in the long run you’ll be so much better off. And if your love is the real thing, won’t it withstand a wise back-up plan? The simple fact is there are so many large issues that can come up over the course of a marriage-- children, student loan debts, houses, cars, businesses, the list goes on-- that you can’t possibly perceive all the potential pitfalls that could end your marriage. It’s especially hard to conceive of those possibilities when surrounded by the glow of true love.
Just for a moment, think of your upcoming marriage as a business. In many ways, that’s what it is. You wouldn’t go into a business with someone without of some kind of legal agreement in advance, would you? Of course not. And a pre-nup doesn’t mean that you and your intended can’t share in the assets you each bring to the marriage, it simply means that should things take a turn for the worse, those assets go back to the party that brought them into the marriage in the first place. Sounds fair, right?
Discussing the particulars about money and financial realities can be an uncomfortable but necessary experience. There are many details to be worked through, openly and honestly. Once you and your fiancé have made the wise decision to agree on a pre-nup, it’s important that you then follow it up by consulting legal assistance. The law offices of Nottage and Ward, LLP, are experienced at negotiating all the elements of a pre-nuptial agreement. Give us a call at (312) 332-2915, or visit our website, www.nottageandward.com and set up a free consultation.