Peace of mind on a piece of paper

Life is full of uncertainty.  People get married, kids are born, accidents and illnesses happen.  Death is an inevitable fact of life, and it can happen without warning.  And since we cannot take our possessions with us when we die, it is important to figure out well ahead of time how your assets will be distributed when the unthinkable happens.

A will is a statement (oral or written) that directs the disposition of your property after you die.  It becomes final when it is properly signed and witnessed, and it becomes effective after you die and when all probate procedures are met.  

It is important to note that a will has no legal effect as long as the testator (the person who wrote the will) is still alive.

What you need to know before you write a will

Before you create a will, you have to gather necessary information.  This includes:

• Beneficiaries and heirs -- people or charitable organizations who will inherit your property.
• Property (including where it is located and who is on the title) and debts.
• Bequests -- the names of people and specific property they will receive, and who will receive the property if they do not outlive you.
• Residuary beneficiary -- the person or people who will receive property you do not specify in the will.
• Executor (and alternate) -- the person or people who will be responsible for carrying out the will.
• Guardian (and alternate) -- person or people who will care for your children or dependents.
• Provisions for disposition of your debts and funeral expenses.  Usually, this comes from the residuary estate (i.e., what is leftover after specific bequests of property).  Please note that will executions often take place after the funeral, so it may be prudent to take care of burial arrangements separate from a will.

Elements of a will

In order to be legally binding, a will must meet several basic requirements.  These are: 

• Legal age -- you must be 18 in both DC and Virginia.
• Testamentary capacity -- also referred to as "of sound mind," meaning you must have the sufficient mental capacity to create a legal will.
• Intent to make the document or statement your will.
• The will must be voluntary, without coercion or duress.
• The will must properly dispose of your property.
• The will should be written and witnessed by two other parties (though wills can be oral).
• The will must be properly executed, per state law.  In DC and Virginia, this means that you must sign the will in front of two witnesses, and both witnesses in turn must sign as well.  

PLEASE NOTE: There is no notary requirement for a will in either Virginia or DC.

Once your will is properly signed and witnessed, you should keep the original in s secure place, either in a safety deposit box, safe, or with your attorney.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut@prylaw.com

What is an "intrafamily offense?"

In a D.C. Civil Protective Order (CPO) case, the petitioner needs to prove that he or she was a victim of an intrafamily offense or act of violence.  Under § 16-1001(9) of the D.C. Code, "intrafamily violence" is "an act punishable as a criminal offense committed by an offender upon a person to whom the offender is related by blood, legal custody, marriage, having a child in common, or with whom the offender shares or has shared a mutual residence; or with whom the offender maintains or maintained a romantic relationship not necessarily including a sexual relationship." It is important to note that under this definition, an intrafamily offense must necessarily be a physical assault or battery, or something that can be prosecuted as a crime, like stalking.  This means that yelling or cursing at a child, family member, or spouse/partner, even if done repeatedly over a long period of time, probably will not by itself be enough for a judge to issue a CPO.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut01@gmail.com

Have you done a Living Will yet?

Earlier, I wrote about Five Reasons to Get a Living Will.  It's vacation season, and while traveling is fun and relaxing, you should not leave home unprepared for the unthinkable worst case scenario.   If you would like to create a legally enforceable living will, you can contact me directly or do it yourself quickly and easily on my online services page.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut01@gmail.com

Civic Duty

Recently, I found myself back in DC Superior Court.  Not for "court-sitting" or for a client, but for jury duty.  Not even lawyers can get out of jury duty in DC, though it's a point of contention if many actually get selected for a trial.  In DC, any citizen can be chosen for jury duty as long as there is no felony on their criminal record, and no one can be chosen again for 24 months.

Here's an account on how my day went.

8:10 am -- I got in line outside the Jurors Office with about 30 others waiting to check in.

8:25 am -- After checking in, you get sent to the jurors' lounge to wait until you are called for a trial.  The lounge is brightly lit and fairly comfortable with a few amenities, including free wi-fi Internet access and a business center with access to fax and copy services.

8:52 am -- Finally watching the orientation video.  It's long.  There's an explanation of voir dire and a note not to take it personally if counsel uses a peremptory challenge to strike you.

10:00 am -- Watching the orientation video.  Again.  For the "9:30 group."

11:26 am -- The disembodied intercom voice finally calls a bunch of people out of the lounge to get empaneled on an actual jury.

12:00 noon -- Still here.  Just wrote a blog post about Chick-Fil-A.

12:42 pm -- I can hear someone snoring loudly, even though I'm wearing headphones.  A woman chuckles.

1:00 pm -- Lunch.  Had a conversation with a client.

2:35 pm -- The disembodied intercom voice tells all jurors to assemble in the lounge for a "status report."  People wonder if it means we're getting dismissed for the day.

2:47 pm -- Dismissed!  For two years!

Without jurors, our justice system does not work.  When you get a jury summons, don't just throw it out or ignore it -- show up.  Or use the proper court procedures to get out of it if you absolutely need to.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

DUI 102: Check Out the Scene

In defending a DUI case, it's best to first go back to basics.  And there's nothing more basic than finding out what happened at the accident/traffic stop scene.

Every accident or traffic stop is like a person -- no two are exactly alike, even if they happened in the same location under similar circumstances.  You cannot assume that a new case will be anything like something you had dealt with in the past.  So you should take the time to visit the scene.  Make note of everything you can -- pavement conditions, the way the lines are painted on the road, placement of signs and traffic signals, trees and other vegetation, the angle of the sun at different times of the day, sidewalks and/or sidewalks, buildings and other landmarks.  And also pay close attention to where the police officer observed the alleged behavior or responded to the accident.

Taking the time to visit and learn everything you can about the scene of the incident can go a long way.  Foremost, you'll give notice to the judge and the prosecution that you prepared a thoughtful defense.  And it will give your client  some peace of mind that you are looking after his/her best interests.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

Same-sex divorce in DC -- it's easier than you think

At the time of this writing, only eight states and DC allow same-sex marriage.  The corollary is that if a state does not recognize gay marriage, it (usually -- more on that in another post) will not help a same-sex couple get a divorce, and with so few gay-friendly jurisdictions it could be difficult to end a union that ends badly.

Fortunately, if you got married in DC, you're in luck.  In March, the DC Council unanimously approved a bill that clears the way for routine gay divorce.  The law goes a bit further by allowing a divorce even if one or neither party lives in DC, just as long as the marriage happened in the District and the parties live in a jurisdiction that will not let them get a legal divorce.  And, finally, for legal gay marriages not performed in DC, the law allows for the a six-month residency requirement, tying it with Vermont for the shortest in the country.

The result of this law is that in DC gay couples seeking a divorce may now go through the normal process as their opposite-sex neighbors.  For the full text of the law, click here.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

Change a Judge Can Believe In

National Park Service

To paraphrase the old philosopher Heraclitus, change is the only constant in the universe. Everything in nature is in continuous movement, and one never sees the exact same thing twice. You can go to the same spot overlooking the Grand Canyon a thousand times, but each visit is unique, a little (or a lot) different. No matter how similar it looks, if you examine your surroundings more closely, you'll find differences both obvious and subtle.

In family law, change is paramount in cases of child and spousal support. After the judge's initial support decree, the parties have two choices: live with it until it expires on its own, or try to amend it. Both the Virginia and District of Columbia codes provide for modification of support orders if the party asking for it can show a material change in circumstances.   That change can be as major as a new (or loss of a) job, marriage, health problems -- or something as mundane as the passage of time.  If you show the judge that things are different, you can get more (or be compelled to provide less) support for yourself or your children.

Support guidelines are generally mechanical in nature -- you both supply income and assets/liabilities information and, for the most part, the judge chooses the number that comes up.  The judge has some leeway for extenuating circumstances like those I mentioned above.  When you seek a support order modification, be sure to tell your attorney everything you can think of that can or actually does affect your financial status, no matter how mundane.  Because even the smallest change can be significant.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.