Over the years, I’ve had many conversations with clients about their parent’s last will and testament, and I see the same mistake over and over again — believing that your parent’s will is supposed to be “fair.” By “fair,” they usually mean an estate that a parent splits equally among all of the siblings. The truth is that every single, living person, right up to the moment of their death and as long as they are legally competent, can dispose of their estate in whatever manner they choose. YOUR MOM’S WILL DOESN’T HAVE TO BE ‘FAIR’
Will contests are difficult to win. Whether you win or lose, you will pay your lawyer a lot of money to litigate your case. Why am I telling you this? Because I consider it my obligation to be brutally honest with every client about what they should expect when they move forward with any case. And if I don’t think you have a reasonable chance of prevailing, then I will tell you that. I will tell you to spend your money on something other than me. You do not need a lawyer who is eager to collect a retainer from you and start billing you by the hour. You need honest, experienced advice, even when it is not exactly what you want to hear. If you find that lawyer who seems a bit too eager (and they’re out there), you can call me for a second perspective. The only thing you’ll lose is about 30 minutes on the phone, and I promise the conversation will be worthwhile.
Yes, there are exceptions, but they are … well … exceptional.
The fact that Mom started getting a bit forgetful toward the end of her life does not mean that she could not execute a valid will. The fact that Dad always played favorites with your sister does not mean the probate and family court will strike his will on the grounds of undue influence. The law requires the person objecting to the will to produce much more evidence than that to the court. I know that doesn’t sound “fair,” but the law does not require your parents to be “fair” to you, in life or in death. (You would not believe how many times I’ve said this to my kids.)
Bumbling Burglars Prove Crime Doesn’t Pay
Committing a crime will never be a get- rich-quick scheme or a successful career path, but we’ve had plenty of would-be criminals who had to learn that lesson the hard way! One example is James Sorby, a Scottish man who decided he wanted to cash in on the rising price of copper. As he thought about how to get his hands on the metal prized for its ability to conduct electricity, he decided it would be a good idea to go right to the source, so he targeted a local power plant in Leeds, West Yorkshire, England. As he started to carry out his mission, he forgot he was in a truly electric environment. He ignored the signs warning of the dangerous high-voltage lines in the plant. But as he collected coils of copper and prepared to make off with them, he was instantly jolted with an estimated 22,000 volts of electricity, and around 400 homes were left without
power. He miraculously managed to survive, though with severe burns and a damaged skull, and was given 12 months of community service.
he found something else instead. A tip jar containing over $200 caught his eye, so after filling out the application, Mark left. A few hours later, he returned, snatched the tip jar, and ran out of the restaurant. However, his getaway was short-lived, as his completed application had provided his real name and address. Plus, he left behind a backpack that verified his identity, so he was eventually caught by police. Finally, Alberto Saavedra Lopez demonstrated why you can’t go back home to the scene of your crime. While living in Cottonwood, Arizona, he stole $5,000 from the bank where he worked. For two years, he got away with it by moving to Phoenix. In time, however, he moved back to Cottonwood and applied for a new job — at the local police station. But, as he applied to become a dispatcher, officials did a background check, discovering he was an at-large suspect in the theft. So, when he showed up for his job interview, they greeted him with handcuffs.
Another man, Nicholas Mark, entered a Pennsylvania pizzeria looking for work, but
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