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Last Name.

It started off “Hey cutie, where you from?”And then it turned into “Oh no! What have I done?”And I don’t even know my last name….
-Carrie Underwood

Annulments are rare. In approximately 20 years of practice, we’ve done one annulment. One.

When an annulment is granted, it is as though the marriage never existed. In the Commonwealth of Massachusetts,  at least one the allegations must be proven for an annulment to be granted:
1. Bigamy;
2. Consanguinity;
3. Fraud;
4. Duress in the inducement to get married;
5. Impotence or known lack of ability to have children (with a representation to the contrary);
6. Mental incapacity , which can include being excessively intoxicated:

7. Being under age at the time of marriage.

Where an annulment voids a marriage, it is possible that an individual can represent themselves as never married. We are always curious whether people who get a marriage annulled even disclose their previous situation to a future spouse.

We would love to hear your thoughts on this topic. Do you agree with the idea of annulment in principle? Do you think that a person should have to list an annulled marriage on an application for a future marriage license?

 

 

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Cheetah.



Rewind to about two weeks ago…. pick number three in a draft for a fantasy football league… 60 seconds to make a final decision…

Conventional wisdom would go for Hill but something kept telling me to go for CeeDee Lamb. Given Tyreek’s off the field reputation, my co-owner and I had been discussing for a few days how we felt about drafting him, given the strong potential that he could would not be on the field at some point due to unpredictable legal issues.

Fast forward to the first game of the season and a few hours before kickoff, video started to circulate of Tyreek Hill on the ground, in handcuffs. Selfishly, there was a moment of panic that Tyreek was not playing, but he made it to the field with plenty of time prior to kickoff.

As it often does, sports has provided an opportunity to turn this into a teachable moment in several ways:
1. One my kids did not previously understand that a traffic infraction is not “trafficking.” Big difference there. Apparently, that language distinction was not clear within his friend group text (probably Snap) chain so hopefully they all now understand the distinction.
2. There is also a difference between being “detained” and being “arrested.” When someone is detained, they are being held temporarily, usually for the police to calm a or take charge of a situation; however, the event does not necessarily lead to an arrest or criminal charges. When someone is arrested, they have been charged with a criminal act and will likely be prosecuted. Unless criminal charges follow at some point, Cheetah was merely detained.
3. Life is messy and there is not always an easy answer. There are always two sides to the story and, often, we have to piece together a puzzle. Since the event, the dash cam footage has provided more insight into the event:
Miami-Dade police release body-cam footage of Tyreek Hill being handcuffed and detained (youtube.com).

As always, we are happy to answer any questions that you might have regarding this newsletter or any other legal matters.

Regards,
Faye & John

* This newsletter is dedicated to the Twins, who beat us in the first week. From the basement to the top of the mountain, ladies!

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Civility.

Rhianna & Eminem;
President Regan & Tip O’Neil;
Oscar & Felix;
Snoop and Martha;
Balboa and Creed; and
RBG & Scalia.

We love unexpected friendships and ones that do not necessarily “make sense.”  We have two (2) theories on why these friendships exist:

1. The individuals involved overlook their differences and focus on their similarities; and
2. They appreciate their differences and are open to learning from one another.

One day in 2016, just as the extreme division in our country was becoming more even more evident, someone extended an invitation to engage in an open, candid conversation regarding politics and the overall state of the world.  Although perspectives and beliefs were fairly different, we spoke for hours, exchanging facts, experiences, feelings and perspectives. It is impossible to not recognize how rare these conversations are in the modern world and that is potentially one of the greatest differences between us and our forefathers.

Fast forward to July 17, 2024, just days after a former President of the United States survived an attempted assassination.  It is questionable whether calls for civility have been heard as key board warriors are still active and vicious personal attacks are still in effect.

How many of us can say that we have not lost friends over politics in the last 10-15 years? It is often not the actual difference in opinion, but moreso the inability to engage with an open mind, combined with a general lack of respect or common civility. 

One of the most beautiful, legendary friendships of all times is RBG and Scalia. We happen to post this newsletter a few years back about their friendship:
https://wjslegal.com/category/news/page/2/

If you have read to the end of this newsletter, THANK YOU.  We challenge you to think jump out of your own box, listen to commentators who you typically disagree with and to watch both “On the Basis of Sex” and  “Hillbilly Elegy.”*  

As always, we would love to hear from you regarding this or other matters. 

Warm regards,
Faye & John

** We are in our (Siskel and) Ebert era… both films are currently streaming on a major service and are EXCELLENT.

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Median, Mode and Range.

ong, long ago, we were in a graduate school statistics class* as a precursor to beginning a Master’s thesis study. The most important take away from the class was understanding that how you manipulate numbers determines whether your hypothesis is supported or disproven. Whether by median, mode or average, we still love to look at data and determine how to best use it to our client’s advantage. We recently found some some statistics related to divorce** that we thought would be fun to share:

1. The divorce rate has dropped significantly over the years last 10-15 years. While it was previously thought that you had a 50% chance of getting a divorce, the current rate is thought to be around 39%. The reason for the decline could be due to so many things, including millennials getting married later or not at all.
2. Nevada continues to have the highest divorce rate in the United States. Apparently, what happens in Vegas does not stay in Vegas and regret does fit in a suitcase.
3. Massachusetts actually has one of the lower rates of divorce in the United States. It is thought that the divorce rate within the Commonwealth is approximately 2.6%; however, this statistic is slightly skewed because some states, including Georgia, Hawaii and Minnesota do not even report their statistics.
5. The global divorce rate has increased by 252% since the 1960’s. Russia is believed to have the highest divorce rate in the world; it seems reasonable that it will continue to maintain that top spot given the stress related to recent world events.
6. Second (and any thereafter) are more likely to fail than a first marriage. We often ponder if people who are married more than twice are really just hopeless romantics who aspire, but struggle to find ever lasting love.

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Picture This.

“Picture this…Sicily…1922…”
–  Sophia Petrillo, Golden Girls

Fun fact: When we came up with the title of this newsletter, we were not thinking about the Golden Girls; however, as soon as the words were typed, we heard Estelle Getty’s voice and, literally, couldn’t stop laughing. Now the voice and the delivery of that infamous line will be stuck in your head, so YOU’RE WELCOME!

The actual reason for the title came from the priority and emphasis that one of our recent clients put on family pictures when creating her estate plan.  The woman did not have a lot of material possessions or financial assets, but wanted to make sure that what she did have was protected and would go where she intended.  She spent months finalizing her intentions.  To her daughter, her wedding ring. To a second daughter, her angles. To another child, some collectible dolls.  What struck us was the specificity of a gift that she gave to each person:  photographs of themselves with her.

At first, we were a bit surprised with the detail to which she gave the sharing of her photographs. More often than not, photographs are not mentioned and they go in the general pile of personal property to be distributed after death. She had already assembled envelopes with photographs therein, but also wanted her wishes known in writing.

We couldn’t help but think about what she was really gifting with the photographs: memories. Do people enjoy gifts of real estate, diamonds and artwork? Of course, but the items which are usually sought are the more sentimental things, like Caesar salad recipes, a homemade blanket or favorite candy dishes.  What most people really want when someone passes away is to preserve our memories of them and recollection of experiences that were shared.

When clients are pondering how to distribute assets, we typically recommend that their personal items go into a Letter of Attachment. The document sits on the side of the will and can be changed at leisure without the need for formal execution. We recommend that this is where people leave heartfelt messages, as well as those sentimental items.

In honor of our client,  who was a ray of sunshine, we leave you with a little Sophia to brighten your day:

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