Posts by Kick & Gilman

Van Halen, Brown M&M’s, and the importance of reading your contracts.

Posted in Uncategorized

The ‘80’s rock band Van Halen had a provision in their concert contract requiring M&M’s in their dressing room, but banning brown M&M’s. Urban legend has it that this was evidence of the bizarre behavior of eccentric musicians. Instead, it was a very intentional requirement. Van Halen’s concerts were complex productions. They involved significantly more stage, sound, and light equipment than the average show. This created technical requirements that were much more stringent than the average show that a venue might normally host. Those rules were all built into their...

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Will I lose everything if my spouse enters a nursing home?

Posted in Elder Law

No one wants to see their loved one have to move into a nursing home. But the feelings and concerns are even more difficult when it is your spouse. The obvious emotions come from no longer having the person who is so special to you in your home. But people who are not experiencing it often lose sight of another issue that troubles the one who remains home: how will this impact my ability to stay home? We have had a number of clients come to our office concerned that they would watch everything they earned and saved be spent on their husband’s or wife’s care. With the average cost of a...

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There’s no such thing as an adult being “too young to need a will.”

Posted in Estate Planning

Picture a client coming to our office to create a last will and testament. Picture them coming in, sitting down with one of our attorneys, and having a discussion about planning for their death and potential incapacity. How old is the person you are imagining? If you are like most people, you are thinking of a retired person with gray hair and grandchildren. That is who most people think “needs” a plan, and that is who we see most often. But sometimes a client comes in that defies the stereotype. Sometimes the clients are a young couple with small kids crawling on their laps, coloring on...

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Evicting a tenant is probably easier than you think.

Posted in Landlord-Tenant

A court staffer recently told me that he believed larger corporate landlords file a disproportionate number of the eviction in his court. I agreed that his belief was consistent with our firm’s findings. We represent a number of larger corporate landlords and families or individuals with anywhere from one to dozens of rental units. Despite living in an area where the majority of rental units are owned by individuals, we see far more evictions from our corporate clients. Why is this? Do private landlords have fewer tenants missing rent payments? Do they have a better way of handling...

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I have a creditor that is going to sue me. What should I expect?

Posted in Bankruptcy

Once your creditor has filed the lawsuit, you have the right to defend the case and try to avoid having a judgment issued against you by the court. A judgment is a court order that says you owe the money and empowers the creditor to collect against you. Once the judgment is issued, your creditor has several tools at their disposal for collecting the money owed. Here are some of the options: Debtor’s examination: Your creditor can obtain a court order that requires you to come to a court to answer questions about your assets under oath. You must attend the examination. If you fail to,...

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