Two Heads Are Not Always Better Than One

In my estate planning practice, I have frequently had clients who wanted to designate one of their children to serve as their fiduciary, but were afraid that they would hurt the feelings of the other child or children who weren’t nominated. For example, in the instance of a living trust, the clients would want to name one child as successor trustee, but were afraid that, in doing so, they would create the appearance of favoring that one child and thought that that might create dissension among their children after their deaths. Often, such clients will ask to nominate several or all of their children as co-trustees. Almost invariably, I discourage them from doing that. While I also don’t wish to see any distrust or dissension among siblings after the parents are gone, there are problems that creating co-trustees or other co-fiduciaries can create. Inconvenience Often, when dealing with a bank,


“Cash For Keys” — Consider Paying A Defaulting Tenant To Move Out

Owning a rental property can be both a rewarding and frustrating experience. With good tenants, the landlord often enjoys the emotional satisfaction of helping provide the tenants with a nice home to live in and a place to raise their family. And the rents which the tenants pay help reduce the landlord’s mortgage on the rental home. But, what about if the tenant isn’t paying their rent on time? Or worse, what if they have stopped paying their rent altogether? Dealing with a non-paying tenant can be extremely frustrating. And expensive. When a tenant stops paying, a landlord will often begin to hear excuses for the tenants’ non-payment. And, often, those explanations are based in fact. For example, during recent years, when our economy has been in a state of upheaval, and people have lost their jobs and haven’t been able to find new work, the explanation that the tenants have no money to pay their rent is very likely true.


When It Might Be Wise Not To Hire A Lawyer

So, you have a legal dispute with someone and your first instinct is to “lawyer-up” so that you will have great representation in your dispute. That is a pretty normal response and, in many instances, it is both appropriate and necessary. Usually, however, that will cause the party with whom you have the dispute to also feel a need to have a lawyer represent them. Before you hire an attorney, perhaps you should consider if you really need to have an attorney represent you. Often, where a dispute centers around a small monetary debt, or a modest amount of legal damages, it may make sense to consider other options to having an attorney. Litigation is expensive and, if the debt or monetary damages in dispute is modest, the costs of litigation can easily exceed the amount of the disputed debt. The Investment Also, as each side gears up with representation, the financial and emotional investment that the parties make



This blog contains legal information of a general nature which is intended for educational, research, and entertainment purposes only. It is not intended to be, nor should it be, used as a substitute for professional legal advice. Each legal case is unique and a lawyer should be consulted for advice specific to your particular case.