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Hi. I’m Batman.

 

Much to our disappointment, we are not actually Batman and Robin. We do not have x-ray vision, we can’t fly and we also can’t shoot webs at people to stop them in their tracks. Unfortunately, a “Power of Attorney*” has nothing to do with having super hero powers; it does, however, allow people to help you in your time of need.

Most people think about a Power of Attorney only being active when you are unable to handle matters on your own; to the contrary, it can be used when you don’t want to handle matters on your own. Think about these typical situations:

1. You have a financial account but you partner, daughter or nephew is more financially savvy than you. If you give the financial institution your executed document and a quick verbal confirmation that the document is still active, they are able to engage in conversations or perform transactions on your behalf.**
2. Your child reaches the age of 18. If you were to call your child’s college or university to discuss something, even tuition payments, the administration has no obligation to talk with you. Similar to above, an executed Power of Attorney and quick confirmation will allow for communication to occur between you and the administration.
3. Selling a house. This situation is usually slightly different because a Limited Power of Attorney is typically used rather than a “durable” one. The limited version only allows the person to help you for specific purpose rather than a more broad ability. We routinely have our sellers sign a Limited Power of Attorney so that we can sign closing documents on their behalf.

As always, please let us know if you have any questions or concerns about this or any other matter.

Warm regards,
John & Faye

* This refers to a Durable Power of Attorney.
** This can also be accomplished by having the person listed as a co-owner of an account; however, once the person is a co-owner, they also have inheritance rights to that account.

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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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Television Lawyers

If you follow us on Facebook*, you probably know that we love to reference movies and television shows. We bet you know some of these names: Vinny Gambini. Rachel Zane. Saul Goodman.  Fletcher Reede,   Sol & Robert. Rebecca Bunch.  Lionel Hutz.  Elle Woods.

What do all of these names have in common? They are all attorneys created by Hollywood and take creative liberties about what it like to practice law in the real world.

1. Attorneys are more like chess players than dramatic actors.  If you walk into a court house, you won’t see lawyers slamming their fists on the table or hear dramatic music. What you will find is lawyers huddled in a corner or in a conference room, trying to position their client in the most favorable way. There are, however, those Elle Woods toe tapping moments, where a new realization changes our next move.

2. Attorneys are actually decent people. Being an attorney means that you get to help people in your community with real solutions. We are generally nice people, just trying to perform a service, not the nasty, self serving jerks that Hollywood often makes us out to be.

3. Attorneys are pretty honest.  We present evidence that is favorable to support our client’s position. We can be creative in arguments and questioning.  We can present alternative explanations.  Much to the surprise of some clients and as Fletcher Reede once said, we “cannot lie.”

4.  Attorneys put a lot of work into an argument.  Good attorneys can make a strong argument and make it appear effortless.  One of our best friends participated scholarship pageants when we were in college. Did she wake up every morning looking like a Disney princess?  Nope, but she wanted to win, so she practiced her singing and spent a lot of time fine tuning her interview skills.  Similarly, attorneys spend hours, days and months looking at evidence and planning to argue our client’s position.

Who is your favorite lawyer on television or in a movie?**

If we can assist you in any legal matters, please call or email us at fayejslgal.com.

Regards,
John & Faye

* If you don’t, you should: https://www.facebook.com/Wjslegal/?ref=bookmarks
** Ours is currently Saul Goodman!

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