Minors

When is a Minor a Major or Super Minor and What Does it Mean?

At law, a child under the age of 18 is considered a party under disability (i.e. a “minor”).  As a result, a minor is treated somewhat differently by the courts.  For example, a minor must be represented by a court appointed litigation guardian in civil court proceedings.  In addition, limitation periods do not run against a minor’s interest until such time as a litigation guardian is appointed.  But not all….

When is a Minor a Major or Super Minor and What Does it Mean? Continue Reading »

Capacity Law, Estate Litigation

Eeny, Meeny, Miney, Mo, Who Will Get Your Kids After You Go…

This is a question that plagues parents when they do their Wills – often to the point that they don’t actually do their Wills. Perhaps knowing what the effect of including a guardianship clause in a Will is, parents wouldn’t let this issue stymie the completion of their Wills…..

Eeny, Meeny, Miney, Mo, Who Will Get Your Kids After You Go… Continue Reading »

Estate Planning, Guardianship, Wills
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