The hardest legal choices usually involve the ones you love
Ok, here’s the situation. You are in a car accident and the person at fault is a good friend or a family member. Do you call the police? Do you notify your car insurance?
What about a Will that leaves something to you that you know another family member. Do you give it to the family member?? What if the item is something you always wanted but your family member has always said they wanted it? If they fight it in court, are you going to fight it in court??
What about a family member that gets arrested and wants to use you as an alibi? Do you cover for them if the alibi is not true??
I wish I could give you the ‘CLEAN LEGAL’ answer for all of the scenarios but unfortunately, I can’t. I can tell you that you may need to investigate the damages for your car and speak to a Personal Injury Attorney. I can tell you that you may need to speak to an Estate Attorney regarding challenges to wills. I can tell you that you need to speak to a Criminal Defense attorney so you can appreciate the ramifications of your actions for covering (i.e. lying for a family).
Those responses are the “Legal” responses. Unfortunately, they are not necessarily the CLEAN responses. The reason I say they are not the CLEAN responses is because any time you are dealing with family members or loved ones and THE LAW, things are never as clean as we would like them to be.
It’s easy to deal with someone who is not a relative or a friend. However, when you find yourself in a situation where you are trying to separate your personal emotions and feelings about a legal situation, it can be come increasingly difficult based on the person you’re dealing.
Unfortunately, there is no easy answer. The phrase “The LAW is Blind” is also applicable to family members and friends. When you find yourself in a situation where you are forced to avail yourself of the legal system, you have to keep in mind that your relationship with that person will be affected by the legal process. The impact of that affection depends on you and your loved one.
Anthony Reeves
www.reevesfirm.com
Dedicated to Representing the Disabled and Discriminated
Natural Disaster Law 101: Are you ready to move your life on a moments notice
For those of you who don’t live on a coastal state, we are OFFICIALLY in the FULL SWING of Hurricane Season. However, as a native of Arkansas (i.e. Tornado Alley), I understand how crazy it can be when a natural disaster strikes. The one thing that is common amongst every state in the Union is that you are susceptible to a natural disaster. Whether it’s mudslides or wildfires, hurricanes or tornados, earthquakes or flooding, and a myriad of crazy things in between, natural disasters can literally shake the foundation of your life in a matter of minutes.
The most important thing you need to know is that as long as YOU are ok, everything else is replacable. However, when your life has been greatly altered by a disaster, the hardest thing to do is to reconstruct what you’ve lost.
As crazy as it may seem, taking just a few simple steps can not only greatly help you rebuild your life but also help you help someone else:
1) Where in the world is the WEATHER?!
This statement seems weird but ask yourself this question, do you KNOW what natural disasters may affect your loved ones?? Sometimes, you need to be prepared to know what type of disasters your loved ones may be exposed.
2) Put your CRUCIAL documents in places in areas that may be weather safe!
If you’re like me, then you probably have documents all over the place. You know where they are but you never think about what you need to get if you have to leave on a dime! Put your items in fireproof or water proof container so that you can leave on a moment’s notice and not have to worry about the elements affecting your documents.
3) Don’t sleep on a safety deposit box.
When have you ever heard of items in a bank safety deposit box being destroyed by a disaster??? These boxes are designed to withstand explosives, fire, and the elements so why not put your items that you really need in a safety deposit box.
4) “ON THE GO” Kit.|
Here’s a drill for you. If you had to run out the door in 60 seconds, what would you absolutely MUST have with you when you leave? Now, I bet after you think about it for a few minutes, you’ll realize that that list is longer than you think. Take a second and get the things you need in one spot. Things like insurance cards, social security cards, insurance policies, lease / mortgage, credit cards, etc.
5) Itemize what you own.
Can you list EVERYTHING you own off of the top of your head? You think it’s crazy when you move, try reciting everything you own to an insurance company when your home has been destroyed or significantly damaged. It’s a pain but take a few minutes to itemize everything.
6) Check your insurance policies NOW!
Are you sure your policy covers your property through a storm? Does it cover wind or water or both? How about mudslides or earthquakes? Don’t wait for the emergency to happen and THEN get your feelings hurt when you find out your policy doesn’t cover the disaster. Find out now.
7) Contact Calls and Contact Phone numbers
Ok, I know we live in Cell Phone Central and Twitterville, USA but imagine a situation where the TOWERS go down and the internet is gone. Whatcha gonna do now?? Keep a land line available in your home if possible and more important, ensure you have a list of people who will expect a call from you in the event of a disaster.
The Joy of the Virtual Universe
As silly as it may seem, the joy of ‘ZIP DRIVES’ makes it possible to save the things on our computer that we may need. Remember the good ole days when we used to copy things on floppy disks and CDs? Now, you can use your USB and 5 or 6 GB drive that can be used to take anything sensitive off of your computer. Also, if you scan things to your computer, you now have a copy of the document that you can put on your key ring.
Natural disasters are devastating and can be even more traumatic when you are trying to put your life back together. Take the steps now to make sure you have a head start.
Law 102: Michael Jackson’s kids - not over yet
Today, I read in the paper where Katherine Jackson and Debbie Rowe have come to an understand about Michael Jackson kids. Ms. Jackson will have custody and Ms. Rowe will have visitation. Ms. Rowe’s parental rights are restored. Ms. Rowe will not receive any money beyond what she’s receiving.
They should have added a phrase that says “……..For NOW”.
Now, some of you are probably thinking, “yaaaaay, the kids stay with the Jacksons and Ms. Rowe won’t get any money.”
Again, I say “……. For NOW”.
Now, I’m not an expert but this move may have been a brilliant move on the part of Ms. Rowe:
1) Visitation re-establishes a relationship. The simple fact that may have hurt Ms. Rowe was that she had NO relationship with her children at all. They didn’t know who she was. They didn’t know she was their biological mother. They didn’t visit her. Her ability to demand their custody may have been hampered by these facts (coupled with the alleged fact that she relinquished some of her parental rights). By allowing visitation, she may be able to establish a relationship with the children. Depending on the type of visitation (overnight, extended visits, etc.), she may be able to spend a great deal of time bonding with the children.
2) Agreement revives parental rights. The agreement allegedly revives her parental rights which gives Ms. Rowe the ability to assert an interest in the children as it relates to their well being. As time progresses, the more time she spends with the children, the stronger her position becomes as it relates to asserting her parental rights.
3) Ms. Jackson’s age may be an advantage. I know this is a morbid point but Ms. Katherine Jackson is 79 years old. Hopefully, by the grace of the almighty, Ms. Jackson lives to be 109 years old. With one child being 12 and the other 11, these kids could reach the age of majority (18) by the time Ms. Jackson turns 86. However, with the youngest being, 7 years old, Ms. Jackson may be 90 years old. If everything works perfectly, Ms. Jackson will have the pleasure of watching all 3 children graduate from high school. However, if she passes away before this time, Ms. Rowe may be able to use the time she has had establishing a relationship with her children as an opportunity to modify the custody arrangement.
4) No money now may mean more money later. Recognize one fundamental point - ‘The money follows the kids’!!! If Ms. Jackson passes and Ms. Rowe is awarded custody, she still stands a great likelihood of receiving money on behalf of the children. Now, someone can easily argue that a trustee should handle the money but make no mistake, she can still make a compelling argument that if she gets the kids, she should be able to handle the money.
5) Estates rights v. Parental rights. I know this is prospectively speaking but the simple fact is that if Ms. Jackson passes away over the next years, Ms. Rowe (depending on how often she visits the children) may be able to assert her custody rights. This situation may get tricky if Ms. Jackson inserts a provision in her will regarding the children OR if the estate emphasizes that the children should go to the secondary custodian, Diana Ross. Make no mistake, Ms. Rowe will have a compelling argument that her Parental rights trumps any will that may be in effect at the time of Ms. Jackson’s passing.
6) Best interest of the child. All of these points sound like a very elaborate and integrated chest match. However, at the end of the day, the governing factor will always be “What’s in the best interest of the children”. Whatever course of action, this factor always takes precedence.
Right now, both parties did the smart thing. They didn’t go through a lengthy fist fight which would have been extremely high profile. For Ms. Jackson, she has the ability to ensure that her children maintain a close relationship with the only family they know. Ms. Rowe will develop the relationship she never had with the children. In the end, this looks like a very elaborate and complex chest match with the children being used as pawns. In any legal proceedings, you have to move one piece over and lose a piece before you get a check mate.
Just remember, this situation is far from over.
Law 101: The MICHAEL JACKSON case
I know this sounds blasphemous to all of those die hard and loyal MICHAEL JACKSON fans but I truly believe that Michael Jackson will teach us MORE in death than he did in life.
Now, before you start calling me a devil, set my name on fire and condemn me to the dark depths of the abyss, hear me out.
It is fairly well settled that Michael Jackson was a very private person. His affairs were private and there were a multi-tude of things that attributed to this privacy. Now that he has passed, we are getting access into his life in ways we never imagined possible. Before you spend countless hours rummaging through the tabloid for needless info about the King of Pop, stop for a second and look at all of the legal lessons we can learn from the King of Pop:
1) CONFIDENTIALITY agreements - Most people don’t realize that the reason Michael Jackson was able to keep a great deal of his employees from communicating his private exploits were due to confidentiality agreements. These agreements were probably written in the form of basic contract provisions. (i.e. you provide a service, I’ll pay you this amount). However, when you have the ability to have access to icon like MJ, you are going to have access to information the general public would want to know. As such, these ‘confidentiality agreements’ typically allows for legal remedies if they are broken (i.e. if you talk about something, we will sue). DO you think you have enough money to go against the King of Pop for Breach of Contract?
2) FAMILY LAW - Get ready for the RUMP SHAKER of all Family Law cases. You have 3 kids involved. A will that designates a grandmother as primary and a non relative secondary. A mother who’s parental rights have NOT been terminated but may not have had any role in the kids’ lives for more than 10 years. The “BEST INTEREST OF THE CHILDREN” standard typically dictates most jurisdictions but this situation is going to be unique in terms of where these children should be raised.
3) ESTATE LAW - We all know the importance of having a Will. For a brief second, we thought that MJ didn’t have one. What’s wild is that MJ has a complicated estate with his minor children as heirs and various monetary, real, and intellectual property as part of the estate. At some point, somebody is going to contest the validity of the will and so now, you have the mother of all fist fights regarding the assets laying in wait.
4) INTELLECTUAL PROPERTY - The trickiest part of the puzzle is MJ’s Intellectual Property. Intellectual Property is that property that was created as a result of your intellect. Intellectual Property consists of property such as Trade Secrets, Trade Marks, Copyrights and Patents. Most people probably think that MJ should have been oozing with money. However, they don’t realize how much of his property actually were intellectual property such as royalties and the Beatles Catalogs of music. As each day passes, you’re going to find out that MJ probably had more intellectual property in hand as opposed to real property. You’re going to, also, find out how much value his albums were worth and how profitable was each album AFTER Thriller!
5) MEDICAL MALPRACTICE - With the death of MJ being ‘allegedly’ attributed to the medication that he was taking, be prepared for some concern about the possibility of medical malpractice. Any time you have a situation where an individual may die while in the care of a health care provider, medical malpractice is something that usually comes into play.
6) BUSINESS LAW - This part of the law is probably the most profound. As you are probably hearing, alot of information is coming to light regarding the advice MJ was receiving from his business confidants. As such, you will start to get a great deal of insight into the decision making and feedback MJ was receiving that may have guided his decisions (especially as it relates to Civil Cases that he may have settled)
7) CRIMINAL LAW - As most of you remember, the MJ trial was extremely high profile. However, a great deal of information about the details of the case was not provided. In light of recent ‘allegations’ that some of the victims may have ‘potentially’ fabricated the charges against MJ, the public will be reintroduced to the details and nuances of the trial in a whole different perspective.
I know this may sound harsh but there are so many people out there who want money, power, fame and everything that comes along with it. Here’s a man who STILL holds the world’s record (25 years later) for the most albums sold and is STILL in the GUINESS BOOK OF WORLD RECORDS as the world’s greatest entertainer. He has been in the music business as a top selling performer since the age of 5. Now, if he can have all the money problems and asset problems that he had and he was CLEARLY a multi-millionaire entertainer, what makes you so special?? Take a moment to really study the blessings and hardships that this man experienced. Maybe you will learn some valuable lessons from MJ that can benefit you through your career.
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