Robert Monahan’s
Everyday Law
Welcome!!!
We want to thank you for be-
ing in our circle of friends
and neighbors.
We have started a newsletter
in order to maintain and
strengthen our friendship.
It has always been my belief that everyone
should have a lawyer in their life.
A retired judge once told me that the law is
like an invisible but powerful energy that can
do good or harm, depending on how it is used
— kind of like “The Force” in Star Wars.
Ordinary people come into contact with the
law everyday. . . But when do you really need
a lawyer?
Here’s a couple tips: (1) Anytime money is
changing hands in a substantial way, and with
non-boiler-plate terms, like a lease or a home
repair, you should have a lawyer.
(2) Anytime the criminal justice system is in-
volved, you should have a lawyer.
(3) Anytime you see trouble on the horizon —
whether it is an estate planning issue, a possi-
ble bankruptcy, tax issue, etc. — then you
should find a lawyer.
It is our motto that: No one should be so
uncomfortable with the law and legal
things that they fail to take the right steps
to protect their family.
Estate Tip:
What’s a Probate Asset?
So many people are afraid of probate, but not
everyone knows what will land you in front of
the probate judge.
This month’s “estate tip” is that not every as-
set you own is a “probate asset.” Only assets
that are titled in your name alone.
This means that (1) joint assets are NOT pro-
bate assets, because they are titled in more
than one person’s name. They pass automati-
cally by operation of law on the death of one
joint owner.
It also means that (2) beneficiary designated
assets are NOT probate assets because these
pass according to who you designate as bene-
ficiaries. They are not even titled.
Finally, it means that (3) any asset held in
trust is NOT a probate asset because it is not
held in an individual’s name — rather it is
held by the trustee of a trust. When the initial
grantor of a revocable trust passes on, a suc-
cessor trustee steps into his or her shoes and
administers the trust assets without probate.
The probate court never has to get involved
with these types of assets.
Organization Tip: The Pomodoro
Have you ever had a hard time organizing your
time? And wondered to yourself “what hap-
pened?” at the day’s end?
Lately, I have been using a somewhat gimmicky
(yet surprisingly effective) tool for help. It is a
little wind-up timer in the shape of a tomato
(Pomodoro is Italian for “tomato”).
"How does that help?" I can hear you ask.
You use the Pomodoro to break your day into
twenty-five minute focused work increments.
Each session is a “Pomodoro.” And after that
session, give yourself a 5 minute break.
The alternating periods of intensely focused
work, followed by a break, followed by work, is
supposed to help anyone stay on track, without
getting burned out.
It has saved me from my old, erratic, system of
organizing my day according to what is in my
inbox and gmail account.
Give it a try! And see if it works for you!
What I am Reading: “The Ancient
Regime and the Revolution” by Alexis
De Tocqueville
Lawyers and judges love precedents.
Basically, all you do in law school is read old
case law and try to learn from it how a current
claim should work.
So in watching the extraordinary civil unrest
that gripped the country, after the death of
George Floyd, made me look for some context,
some precedent, like the French Revolution.
What made me most anxious is that the aims
of the French Revolution — liberty, equality
and fraternity — were never accomplished, but
rather twisted as political events unfolded. In
the end, the Revolution resulted in a complete-
ly different object — first the Terror, and then
building a European empire for Napoleon.
The conclusion: once a revolution begins, it is
impossible to tell where it will go, how it could
be redirected, how it will end. Toothpaste can-
not be put back in the tube.
We will have to wait and see . . . and pray.