December 29th, 2009 | Posted by Leah | Posted in Adoption, Business Litigation, Family Law
Holiday parties, shopping, gift-wrapping and travel arrangements consume precious hours this time of the year, making it common for many to continue to put estate planning on the back burner. However, one of the most precious gifts one can give to children and loved ones is a properly executed or updated will. Many do not understand the ramifications of dying “intestate,” or without a will, which often has profoundly unintended consequences. If you die without a will, decisions regarding your property or your children may be made by the state. There is added stress on surviving family who must deal with the legal and personal matters without knowing your wishes.
It is a topic with which many are uncomfortable, and most assume that end of life planning doesn’t need to be discussed until “later” or “when we’re older.” But the harsh reality is that people with young families may face tragedy, something we hear more frequently during holiday travel time when weather and traffic increase accidents and fatalities. For many families living far apart, holiday gatherings may be one of the few opportunities to discuss your wishes in person. Although it can be a difficult subject to bring up, there are different ways to initiate the conversation, including utilizing an example of a relative, co-worker or news story. Once you’ve shared your wishes, it is important to take the next step to protect your family.
Make it your new year’s resolution to prepare proper legal documents. There are common misconceptions that only wealthy people “need” estate planning, or that it is an expensive and time-consuming process. While there are more detailed options for families with larger assets, a simple Will is sufficient for the average person to identify a personal representative and provide instructions on distribution of their property. Parents with minor children can add trust provisions to their Wills naming guardians for their children. Wills are often accompanied by a durable power of attorney, a document naming a representative to act on your behalf for financial matters in the event of your incapacity or death. It is also important to prepare Advanced Directives, commonly known as a “living will.” This enables you to specify your wishes regarding life-sustaining procedures and to name a health care representative to make those decisions in the event you are unable to do so. At JHDJ Law, our attorneys can help you determine what documents are needed to protect your family. The process is efficient and cost-effective, typically involving an inexpensive flat fee for the preparation of simple estate packages. By formalizing your wishes legally, you exercise control over decisions regarding your property and your children and you reduce stress and prevent confusion for your surviving family.
Please contact JHDJ Law at 317-569-0770 or .(JavaScript must be enabled to view this email address) for more information about our low cost options for simple estate planning.
The above is for informational purposes only should not be considered legal advice. Each case is unique and you should consult an attorney for advice regarding your particular situation.
December 9th, 2009 | Posted by Leah | Posted in General Law
Michele Jackson, chair of the Adoption Practice Group at Jocham Harden Dimick Jackson (JHDJ Law) was interviewed in the December 9 edition of Indiana Lawyer. In the feature section, Pardon the Interrogation, Jackson discusses her recent Thanksgiving trip to Nicaragua, which also included JHDJ Law attorney Stephenie Jocham, and staff Amber Burton Small, and Nicole Skellenger. While a significant portion of the firm’s practice is devoted to family law (including divorce, custody and child support cases), Jackson’s practice focuses on domestic and international adoptions and international family law matters (Small is the firm’s adoption coordinator and Skellenger is a law student intern). The group’s trip to Nicaragua was coordinated through The Fatherless Foundation, a nonprofit founded by Jackson, which provides financial assistance and supplies to orphans in the US and abroad, as well as grants to adopting families. During their time in Nicaragua, the volunteers visited 3 orphanages and delivered approximately $4,000 in donations including clothing, school and medical supplies. Other activities included coordination of a baseball clinic for members of one orphanage and children who participated through a community library in Granada. The trips are just one way in which Jackson gives of her time and experience while also managing her adoption practice.
The Indiana Lawyer interview goes on to mention that Jackson has been instrumental in developing international adoption programs in numerous countries including Ukraine, Guatemala, China, Vietnam, Nicaragua, Honduras, and the newest, the Democratic Republic of Congo. Her experience in with these countries has been in demand, given the frequent changes in international and domestic laws governing intercountry adoptions. Recent years have seen restrictions or closings of program which were once very popular including Guatemala, China and Vietnam. While international programs receive more media coverage, Jackson is quick to point out that her adoption practice also includes an active domestic program, which provides agency or private infant placements for couples adopting in the US.
In the Indiana Lawyer interview, Jackson also discusses what motivated her to become a lawyer. “I felt that it was a means for me to benefit society in some way, but didn’t know exactly where I was headed. I knew I always wanted to advocate for women and children, though.” With the continuing popularity and growing interest in adoption as well as surrogacy, Jackson has found her niche in her law practice.
Read more of the interview by selecting the interactive edition of the publication at Indiana Lawyer
Tags: Michele Jackson
December 1st, 2009 | Posted by Leah | Posted in Family Law
The Indiana Supreme Court issued a unanimous ruling confirming that children ages 7 to 14 aren’t capable of contributory negligence. The court’s decision affirmed a jury verdict in favor of the parents of a 13 year old boy whose parents sued Clay City Consolidated School Corp following their son’s death during basketball practice in 2003.
The Court’s ruling in Clay City Consolidated School Corp. v. Ronna Timberman and John Pipes II, No. 11S04-0904-CV-134, resulted from a successful appeal by Clay City Schools, wherein the Indiana Court of Appeals reversed the original verdict in favor of the parents for the wrongful death of their son, Kodi Pipes. Kodi had not been cleared by his doctor to practice without restrictions when he participated during drills at basketball practice and collapsed and died. His mother, Ronna Timberman, had told the coach he could do walkthroughs at practice, but couldn’t participate in strenuous activity. Following his death, his parents filed suit against the school corporation. The jury returned a favorable verdict, awarding them $300,000 in damages.
In its reversal, the Indiana Court of Appeals ordered a new trial because it found the trial court committed reversible error when it gave an instruction that Indiana law recognizes a rebuttable presumption for 7 to 14 year old children.
However, the Supreme Court relied upon case law established in Borttorff v. S. Constr. Co., 184 Ind. 221, 110 N.E. 977 (1916), and Mangold ex rel. Mangold v. Ind. Department of Natural Resources, 756 N.E.2d 970 (Ind. 2001), wherein the justices confirm that Indiana law does recognize a rebuttable presumption that children ages 7 to 14 are incapable of contributory negligence.
Justice Frank Sullivan of the Supreme Court referenced the precedent in Borttorff in his opinion and also discussed the “unquestioned obligation that the alleged tortfeasor bears of proving contributory negligence.” Based upon the precedence, the justices determined the trial court’s instruction was a correct statement of law.
Also of note, the Supreme Court further ruled that Clay City waived its argument that Kodi’s parents were contributorily negligent and that the trial court’s instructions did not entitle Clay City to a new trial.
For more on the case, read the opinion at the link below:
Clay_City_v_Timberman_and_Pipes.pdf
December 1st, 2009 | Posted by Leah | Posted in Adoption
Dear Friends and Family of Guatemala 900,
This is the most urgent cry for your love and support we have ever put out!
Please read this TODAY and put us on your calendar for Tuesday, December 1st and Wednesday, December 2nd. We are launching a mass email and phone campaign that could change the future of many of the children waiting to join their permanent families. We need you to be part of our collective voice to bring children home this Christmas!
We are requesting the immediate support of The Guatemalan PGN (Attorney General’s Office) and UNICEF to fulfill our mission to get as many children home as possible by the end of the year. Some of these kids are the legal children of US citizens and possess US Visas, and still, they are held up by bureaucratic delay and unable to join the loving families who have been awaiting them for over 2 years.
We need to flood the UNICEF emails and phone lines with our Battle Cry!
Why UNICEF?
UNICEF is known to be the world’s most respected child aid
organization. In reality, this is not so. Because of UNICEF and
others, international adoptions from Guatemala were ended,
leaving thousands of innocent children a year with no chance for a
decent life. UNICEF endorses legislation worldwide that severely
restricts a woman’s right to choose an adoption plan for her child
as well as her right to privacy. Unfortunately, UNICEF offers
little advice on how countries like Guatemala should care for the
children who would otherwise live secure lives with a loving
family. (Guatadopt.com, October 2009)
On December 1st:
Please email this letter.
To: Ann Veneman, .(JavaScript must be enabled to view this email address)
Executive Director, UNICEF
Dear Ms. Veneman,
I am writing to you in support of the Guatemala 900 initiative to request timely due process and transparency for the children (some of whom are the legal children of US Citizens and possess US Visas) whose grandfathered adoption cases are still languishing in bureaucratic delay. We request your support and advocacy for the hundreds of children whose futures are at stake.
This being the 20th Anniversary of the Rights of the Child and the Holiday Season of Giving, it is imperative that UNICEF, as the world’s leader in child aid and advocacy, utilize its influence to protect these fragile lives and their right to a permanent loving family. Your supporters are counting on it!
Sincerely,
Sign your name (if you are a family in waiting, you may want to add a personal message as well).
Send the email to:
-Ann Veneman, Executive Director of UNICEF, .(JavaScript must be enabled to view this email address)
Cc the following:
-Ceryl Stern, Executive Director, US Fund for UNICEF, .(JavaScript must be enabled to view this email address)
-Jorge Mejia, Representative Adjunto, UNICEF, .(JavaScript must be enabled to view this email address)
-Michael Regan, Director of Office of Children’s Issues, .(JavaScript must be enabled to view this email address)
-Patrick McCormick, UNICEF NY, .(JavaScript must be enabled to view this email address)
-Christopher de Bono, UNICEF NY, .(JavaScript must be enabled to view this email address)
On December 2nd:
Call Ann Veneman at 212-326-7000 with the following message:
“I am calling Ann Veneman today in support of the Guatemala 900 initiative. I respectfully request UNICEF’s direct intervention with the Guatemalan government on behalf of the hundreds of children whose grandfathered adoptions have been in process since 2007. Please end the victimization of these children and support their basic right to a family.”
Call all day long from 9am to 5pm
If you get a busy signal it means it is working! Call back as many times as you possibly can that day.
Please forward this to everyone who can help. Post it on your social networks (facebook, twitter, etc). Our goal is to shut the phone lines down and we will need everyone to join forces to work together to make a difference!