Friday, May 27, 2011

The Memory of Memorial Day

Like most american families, I have close family members that have served in the military.  Specifically, my grandfather served in the Army when he was in his 20s.  I was lucky enough to have a great-grandmother (my grandfather's mother) who lived until 2002, she died only a few days before my 18th birthday.  My grandmother used to sit around and talk about how my grandfather didn't take his duty to serve very seriously and went AWOL with his brother (also in the military) on several occassions.  I don't remember all of the specifics of the stories she told since it has been almost 10 years since I have heard any of these stories but I do know that there were many and I know that based on the number of times I have probably heard these stories, I should know more details.

On this memorial day, I would like to dedicate this blog to thanking all members of our military for their service.  I'm pretty sure that my grandfather will never read this (I don't even think he has a computer or the internet); however, I'm not thanking him or any other service member because I want any recognition for doing so.  To me, just saying thanks is enough.  If you know any service members, pass my words of thanks along, I am thanking them too.

Friday, May 20, 2011

Why Probate?

I have never met a law student that left law school thinking, "I want to be a probate attorney!"  It just doesn't happen.  Mainly because many other practice areas catch our eye before we even get to that subject in school but also because it just isn't a "sexy" subject.

I got pulled into probate practice by chance.  When I worked for my previous employer, our firm represented investors and banks that owned property where the purchaser/occupant had passed away.  Our client wanted possession of their property back and although there were several ways of achieving this, all options included the participation of the probate court.

In one case, we were contacted by a real estate agent who had already found a buyer for a property where the owner had passed away.  We were able to get the property released from administration within two months and as a result, the sale was completed.  This is why I recommend that every real estate agent make a connection with a good probate attorney.  You never know when your next sale will depend upon being able to get the property released from administration so that you do not miss that sale.  

One of the reasons that I like this area of the law is because the probate process was developed so that all people could maneuver the probate system in order to administer the estate of a loved one and wrap up their affairs without the help of an attorney.  No other practice area is this user-friendly.  I find that because it is more user-friendly than other areas, my clients are much more receptive to my advice and guidance.  Although probate is user-friendly, I would still recommend retaining an attorney in many cases, including cases were real property and motor vehicles need to be transferred or sold and cases where there are over $500,000 in assets.

After helping investors, real estate agents, and banks get back possession of their property, I continued practicing probate and as it turns out, I like it.  I have expanded my probate practice into creating trusts, administering estates, and some estate planning.