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HTMLBusiness and Professional Practice Valuation in Divorce
Mitchell Reichman; Jaburg Wilk;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
The valuation of a business or professional practice in a divorce proceeding requires the resolution of unique issues. Among the most significant of these issues are the valuation date and the standard of value to be applied. In Arizona, judges have the discretion to decide these issues by...

 

HTMLContract of Inheritance: Clear Separation Necessary between Friendship and the Provision of Care
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
August 25, 2015, previously published on August 25, 2015
One’s final will can be mandated in a testamentary will or contract of inheritance. Having said that, the legislature has set limits that need to be observed if the final will is to be implemented as intended.

 

HTMLSurviving Spouse Permitted to Roll Over 401(k) Distribution to Marital Trust
Thomas N. Lawson; Loeb & Loeb LLP;
Legal Alert/Article
August 17, 2015, previously published on August 2015
The IRS has issued a private letter ruling approving a surviving spouse’s rollover of her husband’s 401(k) plan account to a spousal IRA. The couple had established a dual settlor living trust of the kind often used for estate planning. At the death of the first spouse, the trust would...

 

HTMLOhio's New Adult Guardianship Rules May Indirectly Place Additional Burdens on Long Term Care Facilities
Jeffrey J. Sobeck; Weltman Weinberg Reis Co. L.P.A.;
Legal Alert/Article
August 12, 2015, previously published on August 4, 2015
Ohio's new Adult Guardianship Rules (Rules of Superintendence for The Courts of Ohio 66.01-66.09), recently took effect on June 1, 2015. While the rules do not directly apply to long term care facilities, a portion of the new requirements placed on court appointed guardians will likely create new...

 

HTMLRhode Island, Alimony is a Rehabilitative Tool
Sullivan Whitehead DeLuca LLP;
Legal Alert/Article
August 12, 2015, previously published by

In Rhode Island, alimony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need. Giammarco v. Giammarco, 959 A.2d 531, 535 (R.I. 2008). In determining whether alimony is appropriate, the court first makes the assignment of property under the divorce (divides the marital property). This division of marital property occurs before the court makes the alimony determination because the needs of each party will be affected by the equitable distribution of the marital estate. R.I. Gen Laws §15-5-16.1(c).

In determining the amount of alimony (if any) a person will get, the court is required to consider:

(i) the length of the marriage;

(ii) the conduct of the parties during the marriage;

(iii) the health, age, station, occupation, amount and source of income, vocational skills,  and employability of the parties; and,

(iv) the state and the liabilities and needs of each of the parties.”

Vicario v. Vicario, 901 A.2d 603, 611 (RI 2006).

on Spring 2015
Alimony is rehabilitative tool

 

HTMLInternational Custody Battles
Kevin P. Rauseo; Hamblett & Kerrigan, P.A.;
Legal Alert/Article
August 11, 2015, previously published on August 2015
In 1988, Congress ratified the Hague Convention on the Civil Aspects of International Child Abduction (¿Hague Convention¿). The treaty addresses the issue of children who have been wrongfully taken or retained in a foreign country. Simultaneous with the ratification of the Hague Convention,...

 

HTMLWhen No Claim Doesn't Mean No Claim - Former Spouse Bringing 1975 Act Claim As Cohabitee
Paul Hewitt; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
Where a divorce order states that parties to a divorce may not claim a share in either's estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), one might assume that on the death of one of the parties, the survivor is barred from claiming for provision under the...

 

HTMLHow Much is Too Little? Widow Applies for Reasonable Provision after Being Left £15 Million Estate
Henrietta Mason; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
In Dellal v Dellal the court refused to strike out or determine by summary judgment the claimant widow's claim for provision from the deemed net estate of her husband under the Inheritance (Provision for Family and Dependants) Act 1975.

 

HTMLThe Battle over Planned Parenthood Funding
McDonald Hopkins LLC;
Legal Alert/Article
August 7, 2015, previously published on July 31, 2015
While how Congress will grapple with funding for the highway bill dominated much of the week here in DC, another funding question captured a great deal more attention across the country. Senate Republicans are making a push to end federal funding for Planned Parenthood after a series of undercover...

 

HTMLJudge Holds Handwritten Diary Note is a Valid Will
Paul Hewiit; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
The Sheriff Principal of Lothian and Borders has found that a signed holograph entry by a deceased into a notebook diary is a valid Will. The Sheriff Principal overturned the judgment of the Sheriff who had refused the deceased's sister's petition to be confirmed as executor of her sister's Will.

 


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