National Estate Planning Awareness Week: October 20 – 26, 2014

It is estimated that more than 120 million Americans do not have an up-to-date estate plan. No matter your net worth, a basic, clearly-stated plan ensures that your familial and financial wishes are honored after you die.

We urge you to use this week to review your assets and establish a plan that will eliminate any confusion about your wishes. Don’t know how to get started? Let Law Offices of Gary Green help. Call us toll-free at 1-888-4GARYGREEN or email to discuss your options today.


Monday, 20 October 2014 14:00

You Now Know: The Pretermitted Heir Rule

Written by Law Offices Of Gary Green

The Pretermitted (try typing that into your iPhone!) Heir Rule

Are You Pretermitted?

If you are, one of your parents has passed on, leaving a last will and testament, and neglected to mention you by name. If that’s the situation the will can be challenged, perhaps requiring the estate to pass by intestate succession rather than per the terms of the will. The thought being that if one forgot to mention his own child, one must be incompetent (and therefore lacking testamentary capacity). Did they leave you one dollar? That’s okay!

Processed with VSCOcam with f2 presetThis is a reminder to be extra careful on the road in the coming months — deer migration and mating season goes from October to December, and that means even more deer on the road than usual!

The Highway Loss Data Institute estimates that there are around 1.3 million deer-vehicle collisions in the U.S. each year, causing 150 deaths and thousands of injuries. In the past few years, the claims for these accidents have gotten more expensive, costing an average of $3,000.

This annual pattern will peak in November and stay strong through December, so keep your eyes on the road and stay safe – especially at night!

Source: CityLab

Wednesday, 15 October 2014 16:09

Hurt in a Car Accident? Here’s What to Do.

Written by Law Offices Of Gary Green

If you’ve been in a car wreck, then you know how overwhelming it can be. You may have questions such as, “If I think the wreck is my fault, should I say so?” or, “Who pays if I am injured or my car is damaged?”

Take a minute to review What to Do if You Are in a Car Wreck, a handy guide which answers all of these questions and walks you through every step of the process.

Monday, 13 October 2014 13:55

You Now Know: Ebola & Damage Caps

Written by Law Offices Of Gary Green

It might take Ebola to teach us the unfairness of putting caps on damage claims.

Medical records for Thomas Duncan show that on his first hospital visit he told a nurse he recently had entered the U.S. from Africa. The records don’t mention any follow-through. Assuming that was negligent, and assuming you came into contact with Mr. Duncan and caught Ebola and died, in Texas your family would be limited to damages of $250,000. Perhaps that sounded like a lot of money when the Texas legislature passed the law several years ago. Perhaps the law was influenced by special interests, insurance companies.

Continuing our blog series on antiquated Arkansas laws, we’ve once again culled from our state’s rich history those Arkansas laws, codes, and ordinances that have fallen by the wayside and that, while still technically on the books, seem outdated and often hilarious by today’s standards.

Sounding of Horn at Sandwich Shops:

Section 1. “That from and after the passage and approval of this Ordinance, any person operating a vehicle and sounding the horn or bell on same, at any place where cold drinks and/or sandwiches are served, after Eleven (11) P.M. at any place . . . in the City of Little Rock shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than Two Dollars ($2.00) nor more than Five Dollars ($5.00).”

Section 3. “Whereas, sounding of horns and bells at cold drink and sandwich establishments has reached such proportions that it has become a nuisance to those living in the neighborhood, and disturbs their rest, an emergency is hereby declared to exist and this ordinance is found to be necessary for the immediate preservation of the pubic peace, health and safety, and the same shall be in full force and effect from and after its passage and approval.”

[Little Rock Ordinance 5638]

(It is worth noting that at the time of the passing of this ordinance in 1932, curb service at drive-in restaurants was just beginning to sweep the nation.)

Wednesday, 8 October 2014 14:29

MADD Red Ribbon Week

Written by Law Offices Of Gary Green

madd ribbonMADD (Mothers Against Drunk Driving) is a year-round champion of social awareness, victims’ rights, and safety. And October is no different: every year, MADD promotes Red Ribbon Week in order to educated the public about the dangers of underage drinking.

From MADD: “Every October during Red Ribbon Week, schools around the country encourage young people to live a drug-free life. Together, by engaging youth, parents and the community to prevent underage drinking and support the 21 minimum drinking age, we can reduce the deaths and injuries that come from underage drinking.” (Read more about getting involved in Red Ribbon Week at

This year, Red Ribbon Week is October 23 – 31.

Law Offices of Gary Green is proud to be a longtime supporter of MADD.

Public policy can be a factor in gauging what evidence should be allowed in a trial.

For example, if I represent someone who has fallen on a rickety staircase, and since the injury the owner of the rickety staircase has made repairs to it, I cannot directly ask about these subsequent remedial repairs to prove that the staircase was defective in the first place. To do so would be against public policy, because the threat of litigation might keep the owner from tending to those necessary repairs for the safety of future guests.

However, the information about who made the subsequent remedial repairs can be used to prove who controlled the staircase.

Friday, 3 October 2014 15:25

What You Need to Vote in Arkansas

Written by Law Offices Of Gary Green

There’s been lots of talk in the news lately about voting rights. With upcoming elections, now is a good time to make sure you’re correctly registered so you can ensure that your vote will be counted.

Here’s what Arkansas voters need to know:

  • Currently, you must show ID to vote in person at the polls.
  • ID must show your name and photo, be issued by the United States, the State of Arkansas, or an accredited postsecondary education institution in AR and cannot be expired more than 4 years before the date of the election.
  • Acceptable forms of ID include: driver’s license, photo ID card, concealed handgun carry license with a photo, US passport with photo, US military identification document with photo, employee badge or identification document with photo, photo Voter ID card, public assistance ID card with photo, or student ID card issued by an accredited postsecondary education institution in AR with photo.
  • You can register to vote in person, by mail, or online. (Click here for more info on registering.) You must register 30 days before the election in which you wish to vote.
  • Go to the right polling place: call your county clerk or click here to look up your polling place online.
  • You should update your registration any time you move or change your name, including any name changes as a result of marriage or divorce.
  • You have up to 5 minutes in the voting booth to cast your vote (Ark. Code Annotated § 7-5-309)!

SOURCE: General Arkansas Voters Rights Guide


Continuing our blog series on antiquated Arkansas laws, we’ve once again culled from our state’s rich history those Arkansas laws, codes, and ordinances that have fallen by the wayside and that, while still technically on the books, seem outdated and often hilarious by today’s standards.

On Flirting in Public“It shall be unlawful for any person to attract or to endeavor to attract the attention of any person of the opposite sex, upon or traveling along any of the sidewalks, streets, or public ways of the City of Little Rock, by staring at, winking at, coughing at or whistling at any such person, with the intent, or in any way calculated to annoy, or to attempt to flirt with any such person.” [Little Rock City Ordinance No. 2502 (1918), Section 4]

Note: this particular law is found on many websites as a general law against flirting; in fact, it was passed “to Suppress Immorality, to Prevent Solicitation and Transportation of Persons for Immoral Purposes, and for Other Purposes.” This came five years after the city’s 1913 law that ordered “all resorts in the ‘red light district’ be closed” and that “the inmates and proprietresses reform or leave the city.”

Sources: Virtually LegalDigest of the Laws and Ordinances of the City of Little Rock

(Click here to see last week’s post on how to officially pronounce “Arkansas.”)