Hegwood Law - November 2019

Take a look at our newsletter this month.

OCTOBER 2018 HEADLINES HEGWOOD

302-653-2411

NOVEMBER 2019

HEGWOODLAW.COM • 281.218.0880

THANKSGIVING IS ALL ABOUT FAMILY How I Spend This Wonderful Holiday

I f you have read through some of my recent newsletters, then you already know family means a lot to me. My sisters, our mom, and I spend as much time as we can laughing and joking with each other all year long. But this time of year, with the holiday season coming up, I have been thinking about the importance of family a little more often. For us, Thanksgiving is all about family. Growing up, we celebrated at my grandparents’ house, and relatives from all over would make the trip to gather for a day filled with delicious food and exciting football. We participated in that tradition for many wonderful years until my grandparents passed away, and that’s when I took over hosting the meal at my house. While we have fewer guests nowadays, I still get to spend the day with my mom, sisters, kids, and grandkids, and I would not have it any other way. “When I’m piled on the couch with my family watching the game after an amazing feast, I can’t help but feel grateful for all the blessings God has bestowed upon my life.” Over the years, we decided to have only one traditional meal per year. For example, if we have a traditional Thanksgiving meal with a turkey, then, at Christmas, we will

have a fun, nontraditional meal. One year, we actually ended up Luby’s for Thanksgiving! While it didn’t give us the normal warm and fuzzy family feelings that come with slaving over a hot stove all day, we still had a good time together.

This Thanksgiving, we will be making a big traditional feast, and I will make potato salad, which is my specialty. After dinner, we will sit down to watch the Cowboys play because my mom raised an entire house full of Dallas fans. To prove it, I have a signed Jason Witten picture I bought at an auction. I also have a football I waited in line for two hours in Wichita Falls to get signed by Troy Aikman. My mom has had her eye on it ever since! While my mom, sisters, and I bleed blue and white, my kids are huge Houston Texans fans, so they give us a lot of grief. In fact, my son calls our team the “Dallas Cowgirls” to poke fun at us. He knows we like the Texans, too, but likes to make fun of the Cowboys to give us a hard time. When I am piled on the couch with my family watching the game after an amazing feast, I cannot help but feel grateful for all the blessings God has bestowed upon my

life. He has a way of making sure I am taken care of. I firmly believe He deliberately guided my practice to help me realize that what I do for clients today is my calling. I am so appreciative of His guiding wisdom, for my wonderful family, and for my great clients who trust me to help them and who, in turn, refer their good friends and family to me. It is a fantastic cycle of great clients and referrals, and I feel thankful for it every day. That being said, I understand some years lend themselves to gratitude more than others, so, if life has thrown you a lot of curveballs this year, then my advice is to not spend the holidays alone. Even if you don’t have plans for a big Thanksgiving meal, try to get together with a couple friends for a nice lunch. If anything else, know you are also welcome at my house with my family.

Happy Thanksgiving!

-Kim Hegwood

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NOT YOUR ORDINARY TURKEY SHOOT The Crazy Case of Jacobs v. Kent

It began like any other hunting excursion. Neil Jacobs was walking softly through the bushes, looking for a spot to hunker down and watch for a flock of turkeys. The only problem was that someone beat him to that neck of the woods. James Kent had established a hunting spot for himself, and, when he heard rustling and gobbling in some nearby bushes and saw a flash of red, he took aim and fired. Unfortunately, the movement in the bushes was not a turkey. Kent was horrified to find that he had shot Jacobs. Jacobs promptly moved for a partial summary judgment against Kent on the basis that he had failed to determine that Jacobs was not a turkey but, in fact, a human being. Kent cross-moved for summary judgment, saying Jacobs should have expected risks when he stepped into a popular hunting environment. When their case came before the Supreme Court of the 4th District of New York, the courts denied both the motion and the cross-motion. They agreed that Jacobs had assumed the inherent risks of hunting — just not the risks it would be unreasonable to assume, like getting shot by another hunter who thought you were a turkey. Beyond that, the courts did not pronounce judgment because they did not have enough verifiable facts.

Jacobs asserted that turkey hunters should not shoot unless they can see the turkey and verify its gender. The court could not determine whether Kent had failed to follow this rule when he shot Jacobs. They also could not determine whether the doctrine of primary assumption of risk, which Kent pointed to in his defense, was even applicable. The court also called into question whether Jacobs had also been negligent. Ultimately, the case didn’t move forward.

Maybe next time, they should just try getting a turkey from the supermarket.

GET YOUR HANDS ON SOME GREAT READING MATERIAL

Enjoy Free Copies of Attorney Kim Hegwood’s New Books!

Some of you have already received your copies of attorney Kim Hegwood’s books “You’re Not Alone! Living With Alzheimer’s Disease” and “You’re Not Alone! Living as an Alzheimer’s Caregiver,” but, if you haven’t had the opportunity to check out these page- turners, fear not! We still have a few FREE copies left. Kim wrote these short publications because, through helping clients with all facets of elder law and asset protection, she realized they are really planning for incapacity. With the large number of Alzheimer’s patients in the U.S., all of us at Hegwood Law Group know what that diagnosis means to a patient and their family members. If you or someone you know has recently been diagnosed with Alzheimer’s or dementia, the book on living with this disease stresses above all else how crucial it is to come in and see us. With so many decisions to make and documents to complete, we need to schedule a meeting early to ensure everything is in order.

Additionally, our team of experts understands the number of concerns associated with this type of planning. You might be asking yourself difficult questions: Will I be able to stay in my home? How will I pay for care at a skilled nursing facility? Does Medicare cover long- term care services? Who will make responsible medical decisions on my behalf if I’m no longer able to do so?

The good news is an attorney with over 15 years of experience has provided the trusted advice and guidance in these books to address those concerns. In writing these books, what Kim hoped for above all else is that people going through the struggles associated with an Alzheimer’s diagnosis feel supported. While the experience is anything but easy, many steps can be taken to make both the legal process and the caregiving a little less stressful. If you think you might benefit from reading either “You’re Not Alone! Living With Alzheimer’s Disease” and “You’re Not Alone! Living as an Alzheimer’s Caregiver,” please don’t hesitate to reach out to us via phone or email. We will send you a free copy of either book as soon as possible!

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CELEBRATING GIVING TUESDAY

Supporting the People You Believe In

November is usually all about Thanksgiving, but it isn’t the only holiday that encourages generosity. Giving Tuesday is a phenomenal celebration in which millions of people from across the globe are inspired to spend 24 hours giving back to the communities they love. Origin and Goal Giving Tuesday is celebrated every year on the Tuesday following Thanksgiving, and this year, the holiday lands on Dec. 3! It was established in 2012 by the United Nations Foundation and New York’s 92nd Street Y as a response to consumer-driven holidays like Black Friday and Cyber Monday. The purpose of the holiday was to spread the spirit of giving, not only for the people in our nation but individuals across the world. The goal is “to create a massive wave of generosity that lasts well beyond that day and

social media could be used to make generosity go viral; that people fundamentally want to give and talk about giving.” Through massive social media platforms like Facebook and Twitter, the individuals and companies participating in Giving Tuesday can spread their missions and messages all over the world, encouraging others to do the same. How You Can Celebrate Now is the perfect opportunity to support your community and the causes you believe in. The best part of this holiday is that “giving” doesn’t just refer to donating money. People can give back by volunteering their time to help a nonprofit business, donating goods and food, or just buying a stranger some lunch. Even the smallest actions can have the biggest impact. Here at Hegwood Law Group, we are giving back by donating 10% of our attorneys fees for estate planning to a non profit for clients that retain in the month of November. If you’re interested in participating in Giving Tuesday, get together with your friends, family, sports team members, or neighbors to brainstorm on how you can give back. To learn more about how you can participate, visit GivingTuesday.org .

touches every person on the planet.” Technology at Its Best

Through the use of social media and technology, the organization hopes to encourage and spread generosity on a global scale using the hashtag #GivingTuesday. The website states that “... technology and

CHOCOLATE PIE

WORD SEARCH

Ingredients

• 1 9-inch deep dish pie crust (homemade or store bought), cooked and ready for filling • 3 cups whole milk • 1/2 cup cocoa powder • 1 1/4 cups granulated sugar • 1/3 cup cornstarch

• 1/4 tsp salt • 3 tbsp butter

• 2 tsp vanilla (or 1 tsp vanilla and 1 tsp chocolate extract)

directions

1. Prepare and cool pie crust (according to manufacturer’s instructions or home recipe). Set aside. 2. In a medium bowl, heat the milk in the microwave until hot. 3. In a medium sauce pan, whisk together the cocoa powder, sugar, cornstarch, and salt. Add in the hot milk and whisk until smooth. 4. Over medium heat, cook and whisk mixture until it starts to boil. As soon as it starts to boil, start a timer for 3 minutes. Whisk for 3 minutes. 5. Remove from the heat and let cool for just a minute. Whisk in the butter and extract(s).

6. Pour into the prepared pie crust. Cover the pie with plastic wrap, letting it touch and cover the top of the pie. (It will stick to the top of the pie and prevent it from forming a film). 7. Refrigerate for at least 4 hours but preferably 24 hours. (It will be 10,000 times better after 24 hours in the fridge.) 8. Top with whipped cream and shaved chocolate if you’re feeling “fancy,” and serve.

APPLES PIE

SCARECROW CHILLY SWEATER

PUMPKIN HARVEST CROPS THANKSGIVING HOLIDAY FALL

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HEGWOOD LAWGROUP Trusts | Estates | Probate | Elder Law | Family

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

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INSIDE THIS ISSUE

1 Thanksgiving Is All About Family 2 Not Your Ordinary Turkey Shoot Get Your Free Copies of Attorney Kim Hegwood’s New Books!

3 The Gift of Giving

Chocolate Pie

4 Check Out Our 2 Free Workshops!

HEGWOOD HAPPENINGS!

CHECK OUT OUR 2 FREE WORKSHOPS! Here at Hegwood LawGroup, we are always looking to share pertinent estate planning, which is why we incorporate multiple platforms. Through our website and sharing attorney Kim Hegwood’s recently released books (which we can send to you for FREE), we aim to offer as much helpful information to our clients as we possibly can. A major part of being human is navigating the unexpected, but, no matter how adept you are dealing with life’s curveballs, some things are accomplished only through proper planning. That is why we host monthly workshops at our office! We invite you to come in, listen to our presentation, and ask all the questions you have! Check out the FREE workshops coming up this month!

to probate in our great Lone Star State, come check out this workshop. It is free and will take place at 6:30 p.m. in our office. Workshop: ‘Elder Law 101’ When: Dec. 3; 6:30 p.m. Where: Hegwood Law Group offices Free admission

What does Medicare cover? Do we need long-term care insurance? Does my estate plan have anything to do with Elder Law? These are all common questions that after years of helping clients and their families meet their legal needs, we have found still cause some confusion. At this workshop, you will get into the nitty gritty of what elder law is, how it differs from estate planning, and how our legal team can help you and your family find peace in your golden years. Because of the breadth of information we will cover, this workshop is designed for adults of all ages.

Workshop: ‘To Probate or Not to Probate’ When: Nov. 20; 6:30 p.m. Where: Hegwood Law Group offices Free admission

We will also be hosting our workshop “To Probate or Not to Probate: Everything You Need to Know About Probate in Texas.” To get answers to all your questions about complex issues related

Hope to see you there!

HEGWOOD LAW GROUP

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