We would like to extend a thank you to all of our friends who joined us this past Saturday evening at the Hotel duPont for the 18th Annual JDRF Delaware Hope Ball. It was inspiring to see so many folks come out to support such a wonderful organization that we hold so close to our hearts. It is imperative that we have the opportunity to hear the stories of families affected by type 1 diabetes and to share the stories of our loved ones as they face down the daily challenges brought by T1D.
JDRF collaborates with academic institutions, policymakers, and corporate and industry partners in the hopes of creating a world without T1D. GDWG stands with the amazing people who have made events like this a success at JDRF Delaware, and it is our sincere pleasure to have the opportunity to help raise awareness.
If you were unable to join us over the weekend, it is not too late to donate. You can still support JDRF 365 days a year right here.
Read MoreEvery so often, certain legal matters become infamous. If a given case enters the national consciousness through its connection with a celebrity, it naturally becomes fodder for conversation in legal circles. Such is also the case as it pertains to our favorite courtroom scenes on the large and small screens. Who doesn’t love watching Marisa Tomei as an expert witness in My Cousin Vinny?
Fans of the HBO series, The Sopranos, may instantly recognize what has come to be known as The Sopranos Rule. In the show, main character Tony Soprano seeks consultation with a number of the best divorce attorneys in North Jersey for the express purpose of preventing them from being able to represent his wife Carmela. Legal professionals often refer themselves in such situations as being “conflicted out.” We get asked about this scenario often by clients, potential clients and, yes, even from curious family members and friends. Is the Sopranos Rule a real thing?
Yes. The Sopranos Rule is a Real Thing.
The Delaware Lawyers’ Rules of Professional Conduct (or DLRPC) has clear rules regarding how attorneys should treat confidential information as it relates to current clients and former clients. In many instances, these rules are in place to help define conflicts of interest with the expectation that attorneys like us will avoid representing any client in an unethical manner. Accordingly, if Spouse A meets with Attorney X and Attorney Z and chooses Attorney Z for representation, chances are good that Spouse A still discussed sensitive information with Attorney X. Furthermore, Attorney X likely offered Spouse A advice and options regarding how to best proceed with his or her divorce. Given that, it is best that Attorney X not represent Spouse B in this case.
The Sopranos Rule is also why many divorce attorneys (ours included) do not offer free consultations. Assuming that there are only a finite number of sought-after family attorneys in a given area, a spouse could schedule free consultations with all of the best firms in town and conflict out the best attorneys — thus preventing his or her spouse from using those firms. If you have questions about divorce or any family law matter, don’t hesitate to call our offices today.
Read MoreFailure to Close. Sale fell through. Buyer walked away from the table. Default.
There are terms in the real estate field that can illicit a visceral reaction from a realtor or mortgage broker. In fact, we have listed a few above. This is why our team of real estate attorneys has a particular fondness for smooth closings.
One cannot properly regard the value of a smooth closing until one identifies the various opportunities for failure. Mistakes can take many forms. A buyer takes out a loan right before closing. A walk-through goes bad. A seller fails to complete agreed-upon repairs. These are events that happen only by way of poor communication, and it only takes one to jam up all of the hard work by a number of dedicated parties.
The GDWG team believes that the only path to a smooth closing is through respectful and clear communication. We pride ourselves in maintaining healthy relationships with realtors and mortgage professionals throughout Delaware and southeastern PA. We contend that every property transaction is benefited by clear and respectful messaging by all involved throughout the life cycle of sale.
Whether we are working with a realtor or mortgage broker for the first time or we’ve collaborated together for decades, it’s important that all parties understand our commitment to a shared goal of successful and smooth closings every time.
Read MoreFor several years now, Giordano, DelCollo, Werb & Gagne, LLC has been proud to support the Delaware Chapter of JDRF. JDRF is the leading global organization funding type 1 diabetes (T1D) research. Since 1970, JDRF has been able to direct over $2 billion toward research. JDRF collaborates with academic institutions, policymakers, and corporate and industry partners in the hopes of creating a world without T1D. For these reasons, and more we are proud to be a part of the Delaware Hope Ball in 2019!
Delaware Hope Ball
Hotel duPont
April 27, 2019, Wilmington, DE
5:30 pm – 11:59 pm
We ask that you join us for the 18th annual JDRF Delaware Hope Ball on Saturday, April 27, 2019 at the majestic Hotel duPont. Help us turn the Gold Ballroom into a sea of blue! Blue bow ties and elegant blue attire are encouraged for the 2019 theme Into the Blue as guests show their support of T1D research. This great annual event includes cocktail reception, seated dinner, auctions and entertainment. The Hope Ball brings together more than 300 philanthropic community leaders, all in support of raising critical funds for type 1 diabetes (T1D) research.
Can’t join us at the Delaware Hope Ball? There are still plenty of ways to support JDRF.
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It’s remarkable how fast the years go by! Sure, the time tends to fly by more quickly as we get a little older, but let us not forget that time (also) flies when you’re having fun! Was 2018 fun? You bet! All year long, we had a blast working with realtors, mortgage pros and other real estate rock stars helping amazing folks all over Delaware buy and sell property. This year saw a lot of fun Friday closings and a ton of first time home buyers walk through the doors of our offices. Few events offer such joy here at the firm as watching folks get the house keys to their first home! It never gets old.
This past year, we welcomed our newest associate, Brandon Spivey to our firm. Brandon is a very talented addition to our Criminal Law team. In fact, we will have an opportunity to showcase his full bio on our new website which is scheduled to launch in early 2019.
Speaking of early 2019, we would like to remind everyone that the Delaware State Courts and GDWG offices will be closed on Tuesday, January 1, 2019 for New Year’s Day. Justice of the Peace Courts 11 (New Castle County), 7 (Kent County) and 3 (Sussex County) will remain open.
We wish all of you a safe and Happy New Year! See you in 2019!
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Happy Thanksgiving, everyone!
First off, please allow us to take care of some quick announcements. The Delaware State Courts and GDWG offices will be closed on Thursday, November 22nd and Friday, November 23rd for the Thanksgiving holiday. Justice of the Peace Courts 11 (New Castle County), 7 (Kent County) and 3 (Sussex County) will remain open.
Our firm has so much to be thankful for this holiday season and much of it starts with our clients. We are fortunate to serve so many great folks across the First State and want to thank all of you for trusting your legal needs to our team! We’d also like to thank all of the amazing and dedicated real estate and mortgage pros with whom we collaborate nearly every single day in our offices. Working with all of you to get great people into new homes and properties is one of the great joys in which we all share. Last and never least, we want to recognize our own fabulous staff here at the firm. From those who have been with us for decades to the new faces who have joined us just this past year — thank you all.
Again, we wish everyone a very Happy Thanksgiving and cannot wait to hear from you throughout this holiday season!
Read MoreFor those going through a divorce or even considering it, one’s thoughts can get heavy to say the very least. With every day comes another What are we going to do about… scenario that takes up space in an individual’s head in between making breakfast, driving the kid’s to practice and any number of other daily rituals that, until recently, were very uncomplicated. Such is the case in terms of distribution of property. Very appropriately, those going through a divorce spend a lot of time thinking about marital assets, property and, yes, money. And they should!
Delaware is an “equitable distribution” state as it pertains to distribution of property for those getting divorced. It is important to note that equitable does not mean equal. The aim of the Court is to distribute marital assets in a manner that is fair to both parties. The Court is very clear on what it takes into consideration when making its decision:
In a proceeding for divorce or annulment, the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct, in such proportions as the Court deems just after considering all relevant factors including:
(1) The length of the marriage;
(2) Any prior marriage of the party;
(3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;
(4) Whether the property award is in lieu of or in addition to alimony;
(5) The opportunity of each for future acquisitions of capital assets and income;
(6) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife;
(7) The value of the property set apart to each party;
(8) The economic circumstances of each party at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live;
(9) Whether the property was acquired by gift, except those gifts excluded by paragraph (b)(1) of this section;
(10) The debts of the parties; and
(11) Tax consequences.
From a practical standpoint, it is generally best, if both parties allow, to negotiate a fair distribution. However, if it is necessary for the Court to render a decision on distribution, it will generally do so relatively swiftly. In Delaware, once the divorce decree has been issued, on party will be responsible for for producing a complete financial report including any requests for property division within 30 days. They other party will have 30 days in which to respond.
It is important to have a lawyer at times like these. Folks in the midst of a divorce often, naturally, think emotionally. It is not uncommon that agreements made “unofficially” are later rescinded in a courtroom. For these and countless other reasons, it is imperative that those seeking a divorce or parties who have been served with divorce papers seek the counsel of a seasoned family attorney.
Read MoreWhen an individual passes, and a will is present, it is the responsibility of an estate administrator to ensure estate taxes are paid, debts are paid and the distribution of the will is executed properly. The administrator files a petition with the Court of Chancery to admit the will to probate and name an executor of the will. If a an heir or beneficiary has an objection to the petition, he or she may have the opportunity to do so during the hearing. This will be the first such opportunity and those contesting a will should know that the process of contesting a will can be both pricey and lengthy. Like nasty divorce cases, when money and animosity get together, the likelihood of a civil resolution often diminishes.
What to Know
Establishing Standing – A person contesting a will must have a belief that their rights to the estate have been impacted in some way. In this manner, they must show cause for the contesting of the will in order to move ahead in any fashion. As an example if a daughter felt her father signed a will while suffering from a condition which caused him limited mental capacity, she may have standing to contest the will in question.
Reasons One May Contest a Will
Was the document properly signed?
The will is not properly signed in the State of Delaware in order to be valid. In our state, you must sign your will in front of two witnesses who must also sign. If a will is not done in this manner,
Did the creator of the will lack mental capacity at the time they signed it?
In order to sign a will, a person must have mental capacity to understand what assets they hold and who will receive those assets upon death. In cases of contested wills, it is not uncommon for beneficiaries to note that the deceased had been suffering from a condition such as dementia or Alzheimer’s. Medications for long-term illnesses are another common factor. Ultimately, a determination must be made by the court. In matters like these, often witnesses must be called to attest to the capacity of the deceased at or around the time of the will’s creation. This process often takes multiple depositions from friends, family and expert witnesses.
Was there undue influence?
In cases in which undue influence is alleged, it means that an individual has exerted so much control over the deceased, that the deceased may not have possessed the free will to make decisions for him or herself. Generally, a relative or caregiver develops a close relationship with the deceased while isolating him or her from other friends and family. Often these people will take advantage of an ill or elderly relative during a vulnerable period.
Making a Choice
If you feel that you are in a position to contest a will, you will want to act fast. Call the attorneys at Giordano, DelCollo, Werb & Gagne so that we can help you to determine if you have standing and help you determine the best way forward from there.
Read MoreIt seems as though every summer slips by a little more quickly as we get older. The good news is that the arrival of fall is not as abrupt as it is for school-age and college-age kids. Clearly, the transition for some young people seems to hit like a brick wall. This time of year is all about transition, in fact. As the parent of a college student, it is critical to prepare them for the responsibility that comes with the freedom they are about to enjoy. At no time in our lives are we granted such freedom as we are between the ages of 18 and 21. And while the consequences of our actions at this point in life are relatively limited, they are still consequences nonetheless.
Recently, there was some big news locally that the University of Delaware was named the #1 party school in the nation. That’s good for a laugh unless you are the parent of one of the students who attends UD. Underage drinking. Possession. DUI. These are just some of the charges that college students tend to rack up with their senses leave them while away from home for extended periods of time. Often charges such as these can land a student in front of a disciplinary board (in certain colleges and universities) as well as in front of a local judge. Convictions at this time in a person’s life can lead to trouble getting a job or professional license or accreditation later in life. Background checks never lie.
First and foremost, it is important to impress upon our kids the value of smart decisions as well as the burden of certain repercussions. But, if your son or daughter is charged with a crime while attending a college or university in the State of Delaware, it is important to consult a lawyer. A criminal record is nothing to be taken lightly at this stage of a person’s life, regardless of the offense. If you have a question about a specific criminal case concerning you or a member of your family, call our offices today to discuss working towards a fair resolution.
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We hear it all of the time — Only rich people need a will.
This is a common misconception to say the least. Sure there are degrees to estate planning. And, yes, those degrees can depend on the extent of the assets of one client versus another. However, when you are thinking about your assets and your family, it really should not matter what other people do, frankly. The ultimate determination should be based on your answer to the following question: Who do you want making decisions regarding the guardianship of your children, distribution of your assets and/or end of life care?
If you answered anything other than “the government,” then you should talk with an attorney about setting up a few documents. At Giordano, DelCollo, Werb & Gagne, LLC, our process is simple. Our goal is to help clients set up three basic, but very important documents: a Living Will, a Power of Attorney and a Will. In order to do this, we begin by offering each client a questionnaire which they can review at home with their loved ones. This gives clients an opportunity to contemplate often weighty decisions with those closest to them. Once this questionnaire is returned, one of our attorneys will review the document and our office will reach out to schedule an in-person consultation.
Your Living Will and Power of Attorney are there to protect your interests while you are still alive. For example, through your living will, you will designate someone to make medical decisions on your behalf if you should not be in a condition to do so yourself. Through your Power of Attorney, you will designate someone to make financial and business decisions on your behalf if your condition does not allow you to do so. Your Will takes effect upon your passing. Here, you will determine who will get your assets. You will also name a guardian or guardians for your children. You will also choose an executor to probate your Will upon your passing.
All of our efforts during this process are aimed at ensuring that your wishes are met in full. If you have any questions about setting up a Will, Living Will or Power of Attorney, please call our offices today.
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