Articles

Editor’s Note: The holdings from various cases are below. Dawn Gray’s extensive summaries of those cases, too lengthy to publish in the Newsletter, are on the ACFLS website on the Current Newsletters page. The full text of her short summaries of other cases of interest is also provided below and on the website. Andrew V. v. Superior Court, 234 Cal. A...

HOT OFF THE PRESS!

Debra Frank

Editor’s Note: The holdings from various cases are below. Dawn Gray’s extensive summaries...

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APPLYING PEOPLE V. S...

Avery Cooper, CFLS

.showMe {list-style-type: disc;} In 2016, the California Supreme Court reinstated a...

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This month marks the end of my tenure as president of the Association of Certified Family...

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EDITOR’S DESK

James M. Crawford, Jr., JD

Welcome to our Winter edition of the ACFLS Family Law Specialist. My thanks to the authors...

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THE SECRET OF THE OV...

James A. Hennenhoefer, CFLS

Thank you, Carolyn Keene1 Our work sometimes brings out my inner Nancy Drew.23 One of t...

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We recently celebrated the holiday party wherein we said goodbye to a few of our friends t...

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EDITOR'S DESK WINTER...

Diana E. Richmond, CFLS

On December 17, 2019, the Honorable Thomas Trent Lewis retired from his long-standing posi...

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HERE'S LOOKING AT YO...

Ronald S. Granberg, CFLS

Introduction Let’s explore Marriage of Anka and Yeager (2019) 31 Cal. App.5th 1115 (Anka)...

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TRIBUTES TO JUDGE LE...

Diana E. Richmond, CFLS

Being with Tommy for 47 years, a mark of his character is his humility, decency, integrity...

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CONGRATULATIONS TO T...

Hon. Maren Nelson

Congratulations to the Honorable B. Scott Thomsen, recipient of the 2019 Hall of Fame awar...

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FOR THE FIRST TIME I...

Hon. Maren Nelson

Sherry Peterson, Ari Levy and David Lederman have taken ACFLS to the highest level of educ...

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ACFLS CHARITABLE FOU...

Hon. Maren Nelson

At the ACFLS 2019 Annual Holiday Party held on Saturday night, December 7, 2019, at the Si...

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COMMUNITY PROPERTY O...

Hon. Maren Nelson

In November 2018, the United States Court of Appeals for the Ninth Circuit in Brace v. Spe...

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PRESIDENT’S MESSAGE,...

Robert E. Blevans, CFLS

Family law, in my opinion, is the most complex area in the practice of law. Not only do we...

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EDITOR’S DESK, SPRIN...

Robert E. Blevans, CFLS

That is Impact! Last Issue, ACFLS honored the Honorable Judge Trent Lewis who retired on...

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MANAGING PERSONALITY...

Robert E. Blevans, CFLS

Most experienced family lawyers know that personality disorders have become a significant...

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GUARD AND RESERVE RE...

Robert E. Blevans, CFLS

Introduction – An Office Visit “I need some help – I’m lost in the woods,” exclaimed Sam...

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REPRESENTING SAME-SE...

Dawn Gray, CFLS

On June 26, 2013, the United States Supreme Court issued its historic rulings in the compa...

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REFLECTIONS ON SERVI...

Dawn Gray, CFLS

When I look back on time served on the ACFLS board, Many years from now, I won’t remem...

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HOT OFF THE PRESS -...

Dawn Gray, CFLS

McClintock v. West (2013) 219 Cal.App.4th 540, 162 Cal.Rptr.3d 61. Holding: The trial co...

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CALIFORNIA’S CHILD S...

Jonathan G. Stein, JD

A Short History – Reform: Organizational changes were made to the State of California’s C...

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EDITOR'S DESK, WINTE...

Jonathan G. Stein, JD

I’m very excited to serve as Editor of the ACFLS Family Law Specialist for the 2014 term....

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FOXES AND HEDGEHOGS...

D. Thomas Woodruff, CFLS

Having completed a year as a family court judge, with no prior family law experience, I ta...

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RED FLAGS IN LIMITED...

D. Thomas Woodruff, CFLS

Most family lawyers have done some limited scope representation, and we know that when it...

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DOCS FOR DIVISION

D. Thomas Woodruff, CFLS

When you’re doing a military divorce case and it comes time to deal with the military reti...

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MARITAL STANDARD OF...

D. Thomas Woodruff, CFLS

This article focuses on the income approach to determining the marital standard of living...

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PRESIDENT’S MESSAGE,...

D. Thomas Woodruff, CFLS

This year we all have experienced significant challenges and changes in our lives due to t...

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EDITOR’S DESK, SUMME...

D. Thomas Woodruff, CFLS

Define Reality, Provide Hope The original quote is attributed to Napoleon Bonaparte: “Th...

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GUARD AND RESERVE RE...

Hon. Thomas Trent Lewis Ret.

[The first part of this article dealt with the basics of Guard and Reserve military servic...

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TRUST, BUT SECURITIZ...

Hon. Thomas Trent Lewis Ret.

Doveryai, no proveryai: “Trust, but verify.” Ronald Reagan famously repeated this Russian...

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CONFIDENTIAL OR NOT?...

Hon. Thomas Trent Lewis Ret.

I. Introduction Settlement negotiations, whether in the context of a mediation or outs...

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IN RE MARRIAGE OF WO...

Hon. Thomas Trent Lewis Ret.

At the recent CEB Conference of Family Law, the hot topic of the day was whether our clien...

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REFLECTIONS ON THE H...

Hon. Donald King Ret.

When I first started practicing law fax machines had just come in and used that weird, cha...

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HOW MEN, WOMEN, AND...

Hon. Donald King Ret.

With the focus in the divorce literature over the last several years being on high conflic...

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FROM THE EDITOR’S DE...

Hon. Donald King Ret.

This issue is filled with articles for sharpening our skills as lawyers, improving our kno...

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PRESIDENT’S MESSAGE,...

Hon. Donald King Ret.

ACFLS 22nd Spring Seminar The 22nd ACFLS Spring Seminar was our most successful yet, with...

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HOT OFF THE PRESS! J...

Hon. Donald King Ret.

In re Marriage of Finby (2013) 222 Cal.App.4th 977, 166 Cal.Rptr.3d 305 Holding: In this...

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COURT SYSTEM: ADVERS...

Hon. Donald King Ret.

So, you won your case today!! Slam dunk!! Congratulations!! High fives all around!! So, wh...

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LIVE TESTIMONY AND D...

Hon. Donald King Ret.

Nothing better defines a lawyer than his or her ability to maneuver in a courtroom. With o...

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DOCUMENT DOMINATION

Hon. Jerilyn L. Borack

Like many in attendance, I greatly enjoyed the recent ACFLS 22nd Annual Spring Seminar tha...

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REQUESTING AND OBJEC...

Hon. Jerilyn L. Borack

Given the potential importance of properly requesting and then objecting to a statement of...

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WHY I LOVE FIDUCIARY...

Hon. Jerilyn L. Borack

Everyone associates me with the law on fiduciary duties, and I have presented on this issu...

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TEN COMMANDMENTS FOR...

Hon. Jerilyn L. Borack

Military retirement benefits are not handled in the same manner as private pension plans,...

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NAVIGATING RIGHT AND...

Hon. Jerilyn L. Borack

Before I became a lawyer, which was a full half of my life ago now, I felt myself to be a...

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ACFLS’S ANTI-BOBLITT...

Hon. Jerilyn L. Borack

On February 7, 2014, the listservs in the family law community were ablaze with comments a...

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FROM THE EDITOR'S DE...

Hon. Jerilyn L. Borack

I hope you had an enjoyable summer. Your ACFLS Journal Editorial Board has been hard at wo...

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PRESIDENT'S MESSAGE,...

Hon. Jerilyn L. Borack

Summer Activities Even in the doldrums of the summer heat, our ACFLS committees carry on...

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WHERE’S MY FILE? ATT...

R. Ann Fallon, CFLS

Since I started my legal career as a Deputy District Attorney in the early 1990s, I’ve han...

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TODAY’S ESTRANGED CH...

R. Ann Fallon, CFLS

I remember the color of the book cover – it was bright yellow with stark lettering: The Pa...

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THE LEGACY OF ELKINS...

R. Ann Fallon, CFLS

“[M]arital dissolution trials proceed under the same general rules of procedure that gover...

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JUDGES LOOK FORWARD...

R. Ann Fallon, CFLS

ACFLS is already planning the 2015 edition of its highly touted annual Spring Seminar in R...

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HOT OFF THE PRESS! J...

R. Ann Fallon, CFLS

In re Marriage of Haugh (2014) 225 Cal.App.4th 963, 170 Cal.Rptr.3d 683 Holding: In this...

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REFLECTIONS ON THE H...

Stephen J. Wagner, CFLS

This cannot possibly be worth it. I am leaving the office for two weeks and have spent the...

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EFFECTIVE PSYCHOLOGI...

Stephen J. Wagner, CFLS

Family law practitioners need to find effective strategies to assist our clients in dealin...

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FROM THE EDITOR’S DE...

Stephen J. Wagner, CFLS

We launch a new year – and ACFLS, and the Specialist, continue to evolve, and grow. Lynett...

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PRESIDENT’S MESSAGE,...

Stephen J. Wagner, CFLS

Following the path blazed by our intrepid Immediate Past President Diane Wasznicky is inde...

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“I WANT TO APPEAL TH...

Stephen J. Wagner, CFLS

It’s not uncommon for me to receive a call from trial counsel at the end of the day asking...

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ARE TAX BENEFITS IN...

James M. Crawford, Jr., JD

On December 7, 2012, the Supreme Court of the United States decided to hear two cases, one...

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HEADS UP! THE RULES...

James M. Crawford, Jr., JD

Additions to the Rules of Court that took effect on January 1, 2013 governing non-domestic...

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THREADS OF INTEREST:...

Sherry Peterson, CFLS

The ACFLS Listserv has a new address. That’s right. Our former webserver rather suddenly e...

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Since it is the beginning of a brand new year, at least as I write this, I think it is tim...

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ROUNDING OUT THE TEA...

Sherry Peterson, CFLS

I.       Introduction The financial world has gotten very complicated… This article addre...

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PRESIDENT’S MESSAGE,...

Sherry Peterson, CFLS

D ue to the major social and political changes in our country...

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EDITOR’S DESK, FALL...

Sherry Peterson, CFLS

Change is understandably needed. No need to resist. The Fall season is upon us and unfo...

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ARGUMENTS AND PROPOS...

Sherry Peterson, CFLS

The COVID-19 pandemic revealed in bold the systemic failure of the court system to respond...

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[The second part of this article covered how to calculate retired pay for the Reserve Comp...

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Since it is the beginning of a brand new year, at least as I write this, I think it is tim...

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At first glance, a tax practice which consists of both trust litigation and estate plannin...

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HOW COVID-19 MAY IMP...

Avery Cooper, CFLS

1. Introduction The global outbreak of COVID-19 and shelter-in-place orders have impacted...

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GREEN: “THE SUPREMES...

Hon. Louise Fightmaster

Facts and Case History After serving in the military for several years, Tim Green commenc...

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PRESIDENT’S MESSAGE,...

Hon. Louise Fightmaster

2013 Spring Seminar and Other ACFLS Board Activities Our ACFLS 2013 Spring Seminar, “Call...

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THE ROAD LESS TRAVEL...

Hon. Louise Fightmaster

THE ODD COUPLE: FAMILY AND DEPENDENCY LAW You are a family law certified specialist. Conf...

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PRESIDENT’S MESSAGE,...

Hon. Louise Fightmaster

Happy Holidays Everyone! I am honored to be sending you my first “President’s Message” as...

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EDITOR’S DESK, WINTE...

Stephen Temko, CFLS, CALS

Spring passes and one remembers one’s innocence. Summer passes and one remembers one’s exu...

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ACFLS 2020 OUTSTANDI...

Hon. Louise Fightmaster

Each in our own way, we all try and help those around us. I would like to share a story of...

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A NEW LEGISLATIVE LO...

Stephen Temko, CFLS, CALS

Following in the footsteps of England and Wales (2015) and Ireland and Scotland (2019), Ca...

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SOLVING THE REAL EST...

Stephen Temko, CFLS, CALS

A divorce can have a significant impact on a family’s financial and emotional well-being....

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THE INTERSECTION OF...

Avery Cooper, CFLS

Part One of this article covered estate fundamentals— things that a family law attorney sh...

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OPINION: DEALING WIT...

Hon. Mitchell Beckloff

California’s already-besieged court system ground to a near halt in March as Governor Gavi...

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FROM THE EDITOR’S DE...

Hon. Mitchell Beckloff

First and foremost, I would like to extend my thanks to our Associate Editor, Debra Frank,...

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Welcome to the 21st Century, a wonderful time indeed to experience all that technology has...

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“Only fools assert that they are free of biases.” (Martindale, D. A., “Bias and Prejudice...

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In Ficke (In re Marriage of Ficke, 13 DJDAR 7438, 6/12/2013) a trial judge apparently deci...

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In re the Marriage of Veronica and Curtis Priem (2013) 214 Cal.App.4th 505, 153 Cal.Rptr.3...

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I. Introduction Our traditional notions of how legal system should operate have siloed ar...

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Welcome back to “normal!" As we have traversed the Pandemic back to being in-person, I...

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SEVEN DEADLY SINS OF...

Ronald S. Granberg, CFLS

In this article, in a multi-part series, we discuss several aspects of the errors made by...

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DIGITAL DISCOVERY FO...

Sherry Peterson, CFLS

Most transactions today are conducted digitally. According to the Federal Reserve, in 2018...

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EDITOR’S DESK, SUMME...

Hon. Dennis A. Cornell Ret.

Keeping it short and sweet… We have several informative and thought-provoking articles fo...

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APPRAISAL REVIEW AND...

Ronald S. Granberg, CFLS

Credible appraisal reports must be grounded in established professional standards and prov...

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THE BASICS OF MOTION...

Ronald S. Granberg, CFLS

So, you did not get what you expected from the judge on that recent motion? We have all be...

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PRESIDENT’S MESSAGE,...

James M. Crawford, Jr., JD

I hope you have had a fabulous 2021 so far and are enjoying the holiday season. Thank you...

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SAFE AT HOME PROGRAM...

James M. Crawford, Jr., JD

Assembly Bill (AB) 611 is pending legislation in California. This legislation attempts to...

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TOO MANY COOKS IN TH...

James M. Crawford, Jr., JD

My previous article discussed how biases could severely affect abuse victims in custody ca...

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Is private judging soon to be a thing of the past in a post Jolie v. Superior Court world?...

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The Impact of Trauma Must Not Be Overlooked or Trivialized Many of our dissolution of mar...

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DIGITAL DISCOVERY FO...

James A. Hennenhoefer, CFLS

Part one of this article focused on consumer-to-consumer digital money transfer services a...

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EDITOR’S DESK, FALL...

James A. Hennenhoefer, CFLS

So long and farewell… As my three-year term comes to an end, I thank each and every one o...

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Few provisions of the Evidence Code are more habitually cited by family law practitioners...

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Compassion. Kindness. Patience. Honesty. These are the virtues we have been taught from th...

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EDITORS DESK

Terry L. Pasteris, CCP, GRP

Dear Reader, It is with great pleasure we share the thoughtful works of our wonderful aut...

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What happens with military pensions in a divorce? To illustrate the answer, imagine receiv...

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YOUR STEPPED-UP BASI...

Hon. B. Scott Silverman

You are familiar with the “Stepped-Up Basis Rule”: an inherited asset receives a basis tha...

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It’s hard to believe that I am closing in on the end of my two-year term as President of A...

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Dear Reader, Once again, we are pleased to provide a variety of interesting topics for yo...

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Courts play an important role in ensuring that unconscionable agreements are not enforced,...

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RECIPIENT SEEK-WEEK...

Sherry Peterson, CFLS

Prior to Haley v. Antunovich,1 caselaw was silent on whether a child support recipient cou...

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1. Property Acquisition Forms Except as otherwise provided by statute, all property acqui...

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UPCOMING TRIAL AND O...

James A. Hennenhoefer, CFLS

Our high-level seminars always inspire a whole host of changes attorneys should make to br...

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SERVICE OF PROCESS A...

Diana E. Richmond, CFLS

There are two situations where service is required: a. Service of process, (summons), to...

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DAWN GRAY’S RETIREME...

Ronald S. Granberg, CFLS

I learned of Dawn Gray’s retirement in the same way that often I learn about what my fello...

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