An overview of essential Medicaid facts.
If it is "necessary" for me to access my property by crossing my neighbor's property--do I have an easement?
To establish an implied easement (easement by necessity) it must be shown there is (1) common ownership followed by a conveyance separating the unified ownership; (2) before severance, the common owner used part of the property for the benefit of the other part, a use that was apparent, obvious and continuous; and (3) the claimed easement is necessary and beneficial to the enjoyment of the parcel previously benefitted.
Doing good deeds--avoid using bad deeds: Why using a warranty deed is usually the better choice
In an action where Plaintiff sought to enforce access to install fiber optic cable in an existing utility easement, and the Defendants had refused, the easement's fee shifting provision allowed recovery of attorney's fees.
Wyoming counties may only restrict land use pursuant to zoning. The property in this February 2021 Wyoming Supreme Court case was not zoned. The Laramie County Planning Commission therefore exceeded its statutory authority when it used its comprehensive land use plan and the site plan review process to deny the use of land.
How to title your trust assets for protection.
Where there are joint owners of an account, the burden is on the non-debtor account owner to prove what funds are not subject to execution.
Please be aware of the limited use of a durable power of attorney for estate planning and incapacity planning--this tool is not always the best tool for the job.
My property has covenants--do I still have an easement? The Wyoming Supreme Court issued an opinion May 6, 2020 regarding the relationship between easements and covenants in a case called Gayhart, Trustee of the Gayhart Trust and Corsi. The reason this may be of interest to property owners wi...
How is capacity defined in Wyoming for estate planning?
Balancing how I wish to make my trust and the benefit of the beneficiaries.
There are several qualifications a person should have before you appoint them to be your Personal Representative.
Let's meet online about your estate plan!
What do the types of ownership of real property mean, and how should my conveyance documents be created: tenancy by the entirety, tenants in common or joint tenants with right of survivorship?
A recent Wyoming Supreme Court opinion, in the April 2019 term, the Everston case (1029 WY 84), identified three purposes for a proposed decanting of a trust: (1) allowing Trust property to continue to be enjoyed by the Settlor's intended beneficiaries with favorable transfer tax and asset prote...