Most of our estate planning clients appreciate having access to sound, professional estate planning advice that is designed to create estate documents tailored specifically to their individual needs.  Our clients appreciate the peace of mind that comes from an estate plan prepared by professionals with knowledge of the law and practical legal experience.  Give Adams & Edens, P.A., a call today and let us prove that there is great value in a face-to-face meeting with a real attorney who is ready to prepare what may be the most important document you need.

The Mississippi Legislature has established specific rules that allow Mississippians to declare in advance, in writing, their intentions in the event life’s circumstances leaves them in this suspended state without the hope of recovery.  Those rules declare that, under very specific medical circumstances, an individual suffering from a condition from which there is no hope of recovery may have their predetermined, written, end-of-life decision honored, thereby avoiding the situation that occurred in Florida.  Further, we have found that most people appreciate this privilege because it allows them to remove the incredible burden of such decisions from their family members who will, no doubt, be suffering intense emotional burden and trauma at that time.  By setting out your intention in writing, in advance, your wishes may be carried out without burdening anyone else.

Beyond end-of-life decision-making, the Mississippi Advance Health Care Directive has many other uses as well.  It is indeed an important document to have in place.  A complete estate plan should include an Advance Health Care Directive.  Convinced yet?  Why don’t you allow the professionals at Adams & Edens, P.A., guide you through a thorough estate planning process that addresses your unique situation.  You deserve an estate plan that suits your specific circumstances, including an Advance Healthcare Directive tailored to meet your needs.  Call us today.

Plaintiff filed a complaint alleging sexual harassment in the workplace and received a default judgment. In reversing the default judgment for Plaintiff, Court found that where Plaintiff receives a letter from defense counsel notifying him of intent to defend claims, prior to the filing of a complaint, the defendants are entitled to three days notice of the hearing on default judgment even where no contact was had with defense counsel after filing of the complaint except for defense counsel notifying Plaintiff that he would not be representing defendants.

Court relied on comment to Rule 55: “The purpose of [the notice requirement] of Rule 55(b) is…to protect those parties who, although delaying in a formal sense by failing to file pleadings within the thirty day period, have otherwise indicated to the moving party a clear purpose to defense the suit.”

The letter from the defendants notifying plaintiffs of an intent to defend claims was enough to entitle defendants to notice of the hearing of the default judgment.

Yarbrough v. Patrick, No. 2010-CA-000391-COA

A suit where a mother alleged daughter had obtained title to assets by abuse of a confidential relationship. Court of Appeals affirmed chancery court’s judgment in favor of daughter. A confidential relationship is like a fiduciary relationship and it “arises when a dominant, overmastering influence controls over a dependent person or trust justifiably reposed.”

Court found that the confidential relationship must exist at the time gifts are made. In this case, the evidence showed the gifts were made several years prior to when mother alleged the confidential relationship existed.

Court also found that the clean hands doctrine prevented mother from asserting rights to assets against daughter where mother testified she gave the assets to her daughter to conceal the assets from a governmental agency (Medicaid) in order to obtain benefits to which was was not legally entitled.

Crosthwait v. Southern Health Corporation of Houston, Inc. D/B/A Trace Regional Hospital and Marcia Morgan, No. 2010-CA-00526-COA

Plaintiff fell and broke her hip while being assisted from the shower to her bed. She sued the hospital and the nurse who was assisting her. Plaintiff couched her claim as one for ordinary negligence rather than malpractice and defendant sought summary judgment because Plaintiff failed to offer presuit notice, consult an expert prior to filing suit and failed to support her claim with expert testimony. Chickasaw County Circuit Court granted summary judgment.

Despite Plaintiff’s claims to contrary, the Court of Appeals found that Plaintiff’s claim arose in the course of professional medical services. The selection of a proper stool in the shower and whether the floor needed to be dry are questions giving rise to malpractice and expert testimony is required. Summary judgment was affirmed.

Osborne v. Neblett, Real Estate Investor/Developer and Williams, Attorney and Trustee for G. Rives Neblett, No. 2009-CP-01312-COA

Section 89-1-55 requires three weeks between first publication and the foreclosure sale. Failure to comply with the statute’s publication requirements renders the foreclosure sale void. Court of Appeals found foreclosure to be void where sale took place just sixteen days after first publication.

Tennessee Properties, Inc. v. Larry Gillentine, No. 2010-CA-00376-COA

The three-year statute of limitations applies to actions for wrongful or fraudulent foreclosures. S. Land & Res. Co. v. Dobbs, 467, So.2d 652 (Miss. 1985). Because the substitute trustee’s deed was not included in the record, the Court of Appeals would not rule on whether the sale did not comply with the terms of the deed of trust. Aware of the omission in the record, TPI filed a motion to modify the record to include the substituted trustee’s deed, but failed to submit a copy of the deed to the clerk of the chancery court for certification as required by Rule 10(e) of the Mississippi Rules of Appellate Procedure, and the motion was dismissed.

Also, the doctrine of concealed fraud does not apply to matters of public record. Where an alleged fraudulent conveyance of real property is recorded and available to the public, there can be no concealed fraud preventing the running of the statute of limitations.

Finally, even though a case may be weak or light-headed that is not sufficient to label it frivolous pursuant to Rule 11(b).

- Jake Adams

Important Tips for an effective prenuptial agreement:

1. For reasons that should be obvious, don’t wait until the day before the wedding to discuss the prenuptial agreement.
2.  Discuss the prenuptial agreement with each other openly.
3.  Discuss all of your assets with each other, as full disclosure is necessary for a valid prenuptial agreement.

Many people do not get prenuptial agreements because they believe it only increases the likelihood the marriage will fail, however, this is a cynical view of marriage. After all, marriage shouldn’t be about assets.  For most of us, marriage is about love and commitment. If the only tie that binds is the thought of splitting assets, that’s not a commitment. Oftentimes, a prenuptial agreement is the only truly responsible way to enter into marriage.

The current bet is that the 2009 rate with be extended at least for a year. Many in Congress would like to see the 2009 rate of $3.5 million per individual or $7 million per couple made permanent. A vocal group of Republicans would like to see the estate tax permanently repealed, but given their current minority status, that is unlikely. Here’s the latest from Bloomberg.com.

Th estate tax situation is obviously still developing, so stay tuned.

Ademption is a good reason to regularly review your Will and other estate planning documents, in order to ensure your plan will still be effective at your death. I usually recommend clients review their estate planning documents at least once a year.