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Showing posts from January, 2014

Wills and Trusts Drafting Errors Can Be Costly

The mantra for any transactions attorney in the business of drafting a will, trust, or other legal document is simple: proceed with care.  Errors and omissions can be costly for their clients.  The Louisiana Supreme Court issued an opinion this week that highlights the issues involved when a will omits crucial information.

The issue in Succession of James Jason Holbrook, Sr. was whether an incomplete date in an attestation clause invalidated the will.  Mr. Holbrook's will contained a date in the first paragraph and on every page of the will, including the attestation clause, but not actually in the attestation clause, which is next to the testator's signature.  The attestation clause stated that it was signed on the "___ day of 2009."  The testator's daughter filed a petition to set aside the will on this basis.  If successful, all devises to others, including Mr. Holbrook's surviving spouse, would have been set aside.  The district court granted the testator…

53rd Natural Resources Law Institute

The 53rd annual Natural Resources Law Institute will be held on February 26-28 at the Embassy Suites Hotel and Hot Springs Convention Center.  The event is a "must attend" for anyone who practices in the areas of oil, gas, and mineral law in Arkansas.  Arkansas Bar Association Members can register for $250. Non-members can register for $320.  Register and book your room before February 2, 2014 to ensure the best rates with the Embassy Suites.

The schedule for the event is as follows:

Wednesday, February 26, 2014

9:00 a.m.-5:00 p.m.  Arkansas Oil and Gas Commission Hearings

3:00 p.m.-4:00 p.m.  Title Standards Meeting

4:00 p.m.-5:00 p.m.  Natural Resources Law Section Meeting

5:00 p.m.-7:00 p.m.  Reception

Thursday, February 27, 2014

8:00 a.m.-9:00 a.m.  Updates in Arkansas Oil & Gas Law, Thomas A. Daily, Daily & Woods, PLLC

9:00 a.m.-10:00 a.m. Comparative Pooling Law: Arkansas and Texas, Thomas A. Daily, Daily & Woods, PLLC, George A. Snell, Steptoe & Johnson

A Little DLC (Daily Legal Comment): Wills Aren't Just For Your Grandparents.

Many people associate estate planning with the elderly.  Even some attorneys have classified this type of legal work as "elder law."  I've had younger clients talk about their parent's and grandparent's estate plans, but they admit that they do not have one of their own.  In truth, estate planning isn't just a legal service for the older generation. It is something that anyone who owns property, or has children should consider.  There are several reasons why a young adult should consider adopting an estate plan, but here are five, in no particular order of importance.

An Estate Plan Allows You To Exhibit Control Over the Distribution of Your Estate.  Would you rather have an estate plan that provides your executor with detailed instructions for distributing your estate or do you want your estate to be distributed pursuant to a set of laws enacted by the state legislature?  All states have descent and distribution laws.  The Arkansas laws of descent and distrib…

Alabama Mom Assaults OU Fan During Sugar Bowl. Crimson Tide Still Loses

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The Crimson Tide football team is mortal, but don't tell their fans, including this mom, who went Bruce Lee on a group of Oklahoma fans at the Sugar Bowl last night.  One too many hurricanes, perhaps. 



C. Michael Daily is an attorney with the long-established law firm of Daily & Woods, P.L.L.C. and is licensed to practice in the states of Arkansas, Oklahoma, North Dakota and Wyoming. Mr. Daily can be contacted by telephone at 479-242-3953, by email at mdaily@dailywoods.com, or by regular post at 58 South 6th Street, Fort Smith, Arkansas 72902.  You can follow Mr. Daily via social network using any of the social network links in the right hand column of the page.  Disclaimer:  This blog is for informational purposes, is certainly not to be considered legal advice and is absolutely not a substitute for any of the benefits that are associated with the attorney-client relationship. 

Rap Genius and Copyright Law

Legally speaking, the music industry can be a real downer sometimes.  First it was the battle against Napster in 1999.  Now the industry is going after lyric websites, like Rap Genius.  For those unaware, Rap Genius is the self-proclaimed, "Hip-Hop Wikipedia."  It's a casual reference tool, like CliffsNotes.  While I enjoy rap, I can hardly say that I truly understand or identify with 1% of it--I grew up in the suburbs of Arkansas.  So, a site like Rap Genius offers assistance for the truly rap ignorant.  For example, the first line of Tupac Shakur's Dear Mama reads: "When I was young, me and my mama had beef."  As a contract law attorney, my first read is always a literal one, and would be translated as follows:  Tupac and his mom ate beef.  Or maybe Tupac and his mom raised cattle.  But, in truth, Tupac wasn't writing about an Angus cattle dinner.  He was referring to the arguments with his mother over her crack addiction and the people he chose as fr…

Want to Buy Marijuana in Colorado?

Happy New Year!   As of January 1, 2014, it is legal (sort of) to purchase marijuana in Holland Colorado. New Amsterdam's Denver's local ABC affiliate has a list of the anticipated frequently asked questions and answers.

C. Michael Daily is an attorney with the long-established law firm of Daily & Woods, P.L.L.C. and is licensed to practice in the states of Arkansas, Oklahoma, North Dakota and Wyoming. Mr. Daily can be contacted by telephone at 479-242-3953, by email at mdaily@dailywoods.com, or by regular post at 58 South 6th Street, Fort Smith, Arkansas 72902.  You can follow Mr. Daily via social network using any of the social network links in the right hand column of the page.  Disclaimer:  This blog is for informational purposes, is certainly not to be considered legal advice and is absolutely not a substitute for any of the benefits that are associated with the attorney-client relationship.