Divorce can be difficult in so many ways.The breakup of a relationship that was supposed to be “‘til death do us part” can be emotionally devastating. Depending on the circumstances, there can be a lot of pain, anger and recrimination. And if there are kids, there’s an additional level of complexity.

Then there’s the issue of dividing up property, which can be even more difficult considering the emotional factors. When most of us think of property division, we just think about our bank accounts, our house and our investments and we often think we can divide these things on our own. Often, there are assets that are overlooked and that’s why it’s important to have your own attorney who can help you identify and value these assets for a more equitable split.

For example, it may be easy to split up the house, but how easy is it to split up the furnishings? After all, these items each have their own financial value that needs to be appraised to ensure they’re properly considered.

The same thing goes for pets and even livestock. What about wedding gifts? Or employee benefits? Don’t assume that things like retirement accounts, stock options and pension benefits can’t be valued and split.

Maybe you and your spouse belonged to a golf club or a country club as a couple. Who gets to keep the membership, and how much does the other spouse give up to let it go?

Perhaps, as a couple, you loaned money to friends or family. The right to collect on this debt can be considered a marital asset, and that needs to be given a dollar value as well. So do things like unused credit card rewards points and frequent flyer miles. Even things with primarily sentimental value, like framed family photos, art, collectibles and family keepsakes need to be considered.

Depending on your situation, you might want to just let some of this go without nickel-and-diming each other and elevating the level of acrimony. But it’s still important for you and your soon-to-be-ex spouse to appraise everything so your attorney can protect your interests and help you ensure the fairest division of property possible.

Annual or semi-annual employee reviews can be helpful in documenting worker issues to justify actions you might take, and in protecting yourself against potential lawsuits by disgruntled workers. They also can help your workforce identify ways to improve its productivity and professionalism.

But if you go about the review process the wrong way, you may turn what you view as a shield against employment suits into a sword for terminated, transferred or demoted workers. That’s because they can use employee reviews as evidence to show you treated them differently from another worker with similar qualifications and that you did so based on their race, religion, ethnicity, gender, disability or other membership in what’s known as a protected class.

This is why it’s important to have an employment lawyer to audit your review process and help you create a review policy to ensure that all reviews back up your assessments with meaningful performance metrics.

For example you want to make sure a review shows not only how many projects an employee completed, but whether they met or exceeded expectations or whether they fell short and why. It’s best to have criteria that are as objective as possible. That way, if an employee is justifiably passed over for a promotion in favor of someone else and claims you discriminated against them based on their membership in a protected class, you have evidence to help counter the allegations. If, however, your documentation is vague and subjective, it provides fuel for the employee.

Additionally, you want to make sure your reviews are consistent. For instance, do employees with similar responsibilities have different supervisors? Make sure your managers are provided specific, objective evaluation criteria and are trained on how to use them, and that you’re documenting such training. That way, the reviews provide a meaningful comparison not only for helping you make personnel decisions but to demonstrate to a court that you’re treating employees fairly.

Finally, it goes without saying that all reviews should be written, dated, signed and kept on file. Talk to an employment lawyer where you live to find out more.

When you write a will, you have control over how your assets will be distributed after your death. However, if someone in your family disputes your will, an anonymous probate court judge could end up with the final say over who gets your property.

Emotions run high when someone dies. If family members aren’t content with what they’ve received, or don’t believe your wishes are being interpreted properly, they may contest your will. Will contests can drag out for years, preventing your heirs from getting the assets you wanted them to receive.

As part of creating an estate plan, look for ways to reduce the possibility that someone could challenge your wishes. Here are some steps you can take to ward off a will contest after your death:

  1. Start early. Make your estate plan while you are of sound mind. If you wait until your health is failing, or your mind is impacted by an accident, your will becomes vulnerable to claims that you lacked sufficient mental capacity to draft it.
  2. Prove competency. When you write your will, you can ask a physician and/or your attorney to certify that you are mentally competent. A video record at the time you sign the will can also help demonstrate you acted with a clear head, of your own free will.
  3. Get qualified legal advice. There are do-it-yourself books and online tools available for writing your will. But using an estate planning attorney is the best way to ensure it is properly executed and valid. If you do choose the DIY route, have it reviewed by a lawyer.
  4. Consider trusts. There are a variety of trusts that direct how your assets are managed, held and distributed to your heirs. With a trust, you generally can avoid probate and increase control over how your estate is settled. Your heirs will receive their inheritance more quickly and privately, with potentially fewer costs to the estate.
  5. Write your will without interference. Avoid complaints that someone exerted undue influence over you when you wrote your will. To help avoid such contests, don’t have your beneficiaries sign as witnesses and don’t include them in meetings with your attorney.
  6. Share your intentions. Consider talking to your family about the intentions in your will. Let your heirs know why you’ve designed it the way you have, or write an explanatory letter to accompany your will. Generally, what you put in the letter will not have a legal effect on your will, but it can help family members accept your choices.
  7. Include a no-contest clause. A no-contest clause stipulates that anyone who contests the will, and then loses that contest in court, is disinherited from what they would have otherwise received. No-contest clauses aren’t enforceable in all states, and they’re only effective if you’re leaving your heirs enough value that they wouldn’t want to risk the challenge.

Emotions run high when someone dies. If family members aren’t content with what they’ve received, or don’t believe your wishes are being interpreted properly, they may contest your will. Will contests can drag out for years, preventing your heirs from getting the assets you wanted them to receive.


Once your will is complete, don’t just file it away. Sit down with an attorney regularly to make updates that reflect your current situation. Changes such as moving, having grandchildren, or losing a loved one can impact your plan.

Vacation rentals, whether near the ski slopes or on the beach, can be a great way to create memories with family and friends. It’s never been easier to find the perfect place at an affordable price thanks to websites like Airbnb and VRBO. As with everything else, though, there are potential legal issues you want to be aware of going in.

For example, what happens if you get hurt while renting? Chances are you’re not going to get an opportunity to inspect the property beforehand, and there could be hidden hazards, such as poorly mounted shelves, loose floorboards, steps that aren’t up to code, and a whole host of other potential traps. You’re certainly not going to be able to tell from pictures on a website. If, for example, a shelf fell on you as you slept or you tripped on an unlit stairway, who would be at fault?

If you were staying at a hotel, the hotel owner would be responsible. When you have a short-term lease on a house, apartment or condo, it’s not as simple. It may be the property owner. If you’re renting a place for the weekend from a long-term tenant, it may be the landlord. If you’ve rented through, say, Airbnb, you may have a claim against the company.

In most cases, the property owner will be responsible. But even then, you have to be able to prove the owner was “negligent.” In other words, you need to show the owner either was or should have been aware of the defect and failed to take reasonable steps to fix it.


In most cases, the property owner will be responsible. But even then, you have to be able to prove the owner was “negligent.” In other words, you need to show the owner either was or should have been aware of the defect and failed to take reasonable steps to fix it.


What if you decide to host a small party at your rental and one of your guests gets hurt? If it’s because of one of the hazards mentioned above, the owner probably is still responsible. On the other hand, if you caused the injury by failing to wipe up something that spilled on the floor, you potentially can be held accountable.

Of course, it’s not always that simple. For example, the Virginia Supreme Court recently ruled that the owner of a beach house wasn’t responsible for injuries suffered by an 82-year-old renter who tripped over a raised lip dividing a carpeted floor from a tiled one.

The court found that the owner, who’d apparently been told about the lip before, shouldn’t be held to the same standard as an “innkeeper” and that a landlord-tenant standard applied. Under that standard, a landlord has no obligation to maintain safe conditions for premises under a tenant’s “exclusive control,” which the court found the renters had at the time.

Even if you’re hurt and can hold the owner accountable, there’s still the tricky issue of collecting damages. In Airbnb rentals, the company provides the owner up to $1 million in coverage per incident, though it won’t cover damaged or stolen valuables, harm to pets or intentional acts. If you attend a party at someone’s beach rental and a drunken, out-of-control guest decides to take a swing at you, your injury probably won’t be covered.

Meanwhile, if a tenant in an apartment building rents out a unit on Airbnb and the renter gets hurt, coverage of the injury may be in question, particularly if the landlord hasn’t authorized the tenant to rent out the place.

On the other hand, if you’re not staying at an Airbnb or VRBO rental, then the owner’s homeowner’s insurance policy might cover the injury. However, that’s only if the owner’s insurance covers injuries stemming from the commercial use of the property, and many policies don’t. If the policy excludes coverage for homeowners running businesses from their homes, the insurer likely will deny coverage.

Most likely, the rental you decide on will be fine and you’ll have a great time. You’ll still want to find out ahead of time what kind of insurance the property owner has. If you do get hurt during your stay, you’ll want to document everything and call a personal injury lawyer right away to find out what rights you have.

When a person dies “intestate,” that means they’ve passed away without having made a will. If that happens, their property is doled out to surviving family members according to that state’s “intestate succession law.” This means the state is essentially creating a will for the person according to its idea of how most people would set one up, typically with a surviving spouse first in line, followed by kids, grandkids, parents, siblings and so forth.

But what happens with a spouse who just hasn’t been around in a long time? Usually a spouse who has abandoned the marriage has no right to inherit in this situation, but it’s not always clear what should be considered “abandonment.”

Take a case currently pending before the Michigan Supreme Court. James Erwin Sr. died intestate in 2012, leaving six children from his first marriage and four children from his second marriage. A dispute broke out in his family about whether his second wife, Maggie, was entitled to a surviving spouse’s share of his estate. Though she and James had been legally married for more than 40 years, she hadn’t actually lived with him since 1976. That year, Maggie moved out of the marital home, sought child support and remained separated from James until he died.

One of the kids from James’ first marriage was appointed the personal representative of his estate and asked a family court judge to rule that Maggie wasn’t entitled to a share of the estate because she’d been “willfully absent” from the marriage. (Michigan law disinherits someone who’s been willfully absent for at least a year before his or her spouse dies.)

But the judge ruled that Maggie could still get her share because she and James had stayed in contact and maintained a relationship.

The Michigan Court of Appeals agreed, noting that despite their living apart, James had gone to court to keep Maggie on his employee health plan and she had kept him as her life insurance beneficiary.

Now the Michigan Supreme Court will settle the matter. However, the law does differ from state to state, so if you’ve been living separately from your spouse for a long time, talk to a lawyer to find out whether you might be forfeiting important rights and how you might protect them.

We rely on doctors and hospitals to give us the best treatment possible. This includes the decisions they make about the type of medicine they prescribe or the types of medical devices they use. But despite our doctors’ best efforts, implants, artificial joints, artificial heart valves and other devices sometimes cause complications ranging from unpleasant side effects to serious harm or even death.

Here are some drugs and medical devices that have been in the news recently for allegedly posing unreasonable risks to consumers:

  • Textured breast implants

Many women decide to have artificial breast implants for cosmetic reasons. Others do so because they’ve undergone a mastectomy due to breast cancer. But a new study by French researchers suggests that breast implants can be particularly dangerous for women who have undergone multiple implants or had breast cancer in the past. The study indicates that women who fall into this category have a heightened risk of a rare cancer known as BIA-ALCL (which stands for “breast implant-associated anaplastic large cell lymphoma”) which develops in the tissue that surrounds an artificial breast. The study indicates that textured breast implants, as opposed to smooth breast implants, pose the highest risk.

Knowledge of this risk isn’t totally new. The Food and Drug Administration released a report suggesting a possible link between breast implants and ALCL in 2011. But recent studies such as the French one indicate that the risk is more serious than we thought. If you or someone you love has had implants, particularly textured ones, or you’re considering getting implants for any reason, be sure to discuss these risks with your physician. If you have been diagnosed with BIA-ALCL, be sure to talk to an attorney to find out what rights you may have.

  • DePuy Synthes Attune knee implants

This system is a commonly used implant for people who need knee replacements. The implant was approved by the FDA in 2010 and orthopedic surgeons have been using it widely for the last five years. Unfortunately, there have been reports of nearly 1,500 incidents of “mechanical loosening” caused by the failure of the implant to bond properly with the patient’s tibial baseplate, causing severe pain, loss of knee function and removal surgery.

If you’ve had a knee replacement, check with your surgeon to determine whether it’s a DePuy Attune. If you and your doctor have discussed the need for a knee replacement, be sure to discuss the risks of this type of implant.

  • MRI contrast dyes

When a doctor needs to diagnose a condition, he or she may order you to undergo an MRI (magnetic resonance imaging) procedure in which a magnetic image of the inside of your body is created to give him or her a better look. Sometimes, the radiologist performing the MRI will inject a “contrast agent” into your bloodstream to make the image clearer and easier to read.

Generally, an MRI is a safe procedure, but recent studies indicate that a metal called gadolinium, found in many contrast dyes, can cause a condition called “gadolinium toxicity,” resulting in symptoms that can include tremors, confusion, weakness, fatigue, muscle cramps, and even kidney damage. Though contrast dyes are safe for many patients, others (such as pregnant women, children and patients with kidney conditions) may have a higher risk of complications.

If you or a family member are in this category, it’s important to let your physician know before undergoing an MRI. If you think you may be experiencing such complications in connection with an MRI, talk to your doctor as soon as possible and ask an attorney about your rights.

  • Invokana

Invokana is the first in a new series of diabetes drugs that change a patient’s kidney function to excrete sugar through the patient’s urine. It has become a popular and profitable medication over the last five years. But during this time, it’s also been linked to reports of kidney damage, urinary tract infections, weight loss and even kidney failure. The FDA has also warned that Invokana increases the risk of leg and foot amputations.

There are allegations that the drug maker failed to warn patients and doctors properly about the risk of these side effects, and the FDA is now requiring the manufacturer to include a “boxed warning” about the risk of amputations, which is the strongest warning there is. That means that if you’re taking Invokana, you need to talk to your doctor right away about the risks. If you’ve suffered any complications that could be linked to this drug, you should also talk to an attorney.

When celebrity chef and author Anthony Bourdain died, his will contained a directive leaving his frequent flyer miles to his estranged wife to “dispose of in accordance to what she believes to be his wishes.”

Bourdain’s frequent flyer account was almost assuredly large. He built the latter half of his career as a globe trotter, traveling the world sharing meals and exotic food experiences. While most people probably don’t have as many frequent flyer miles as Bourdain, many do have hundreds of thousands of them.

Each airline has different rules and regulations on the transfer of miles after death. Many airlines, such as Delta, have clear policies indicating frequent flyer miles are not transferable upon death. However, some of those same policies go on to stipulate that the airline may transfer miles to certain authorized persons at their discretion.

The American Airlines policy, for example, states: “Neither accrued mileage, nor award tickets, nor status, nor upgrades are transferable by the member … upon death … However, American Airlines, in its sole discretion, may credit accrued mileage to persons specifically identified in court approved divorce decrees and wills upon receipt of documentation satisfactory to American Airlines and upon payment of any applicable fees.”

In other words, if you include a clause in your will bequeathing your frequent flyer miles, the airline may or may not honor it.

Improve the odds of transfer
Talk with an attorney for help deciphering airline policies and taking the necessary steps to transfer your miles. To help ensure your miles will transfer, include a provision in your will that makes your wishes clear. That will provide important documentation if the airline requests proof of your intent.

You will also want to provide your account number and login information to your executor along with written instructions about who can access your account.

Your airline miles may be a way to leave a legacy to someone after your death. Of course, frequent flyer policies may change at any time. You might be better off using or donating your miles now, while you can, rather than risk losing them after you die.