Wildfire damages Civil War-area historical site in New Mexico as campgrounds are evacuated
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Globe and Mail
an hour ago
- Globe and Mail
Manhattan Family Law Attorney Richard Roman Shum Explains Six Legal Grounds for Annulment in New York
When a marriage in New York faces legal questions about its validity, understanding the specific reasons that qualify for annulment is critical. Manhattan family law attorney Richard Roman Shum ( of the Law Office of Richard Roman Shum outlines six legal grounds for annulment recognized by New York courts. Unlike divorce, which ends a valid marriage, annulment establishes that the marriage was never legally valid from the beginning, and each ground requires specific evidence to be proven in court. Richard Roman Shum, a Manhattan family law attorney with more than 15 years of experience, emphasizes the importance of understanding that annulment is not based on mutual agreement alone. 'Unlike divorce, which ends a valid marriage, annulment declares that a marriage was never legally valid to begin with,' Shum explains. For anyone considering annulment, working with a family law attorney in Manhattan is essential due to the legal complexities and evidentiary demands involved. For individuals unsure whether their marriage meets one of the six criteria, Richard Roman Shum, a dedicated Manhattan family law attorney, provides guidance on the importance of legal proof. Among the clearest grounds for annulment is bigamy—when one spouse is already legally married to someone else at the time of the wedding. With documentation such as certified marriage records and proof that a prior marriage was never dissolved, a person can petition the court to declare the subsequent marriage void. The second legal ground discussed by Richard Roman Shum involves underage marriage. New York law requires parental consent for individuals under 18 and judicial approval for those under 16. If these conditions were not met at the time of marriage, the marriage may be voidable. However, courts also consider whether the underage spouse 'ratified' the marriage by continuing to live with their partner after reaching legal age. Richard Roman Shum advises gathering evidence like housing records or separate utility bills to demonstrate that no such ratification occurred. Another significant basis for annulment is the lack of mental capacity at the time of the marriage. According to Manhattan family law attorney Richard Roman Shum, this refers to situations in which one party was unable to understand the nature of marriage due to mental illness, developmental disability, or intoxication at the time of the ceremony. Medical records, evaluations from licensed professionals, and witness testimony are typically required to prove this claim in court. The fourth ground for annulment addresses physical incapacity that prevents consummation of the marriage. Under New York law, this means a permanent and incurable condition that makes sexual relations impossible. Richard Roman Shum explains that this does not include sterility; the law applies only to a physical inability to engage in sexual activity. To pursue an annulment on this basis, the condition must have been unknown at the time of the marriage, and the request must be filed within five years. Testimony from medical providers and personal accounts are often necessary to support the claim. The fifth ground involves consent obtained through force, duress, or fraud. According to Richard Roman Shum, fraud must be material—meaning it involves a serious misrepresentation that influenced the decision to marry. Examples include marrying solely for immigration status or hiding a prior undissolved marriage. Courts demand corroborating evidence, such as emails or witness accounts, to support these claims. Similarly, proving duress requires showing that threats or coercion left the person with no real choice. The sixth ground is incurable mental illness lasting five or more years after the marriage. Richard Roman Shum explains that this path requires a formal process: court-appointed psychiatric evaluations and documentation of a long-term, untreatable condition. All three appointed physicians must agree on the diagnosis. If annulment is granted on this ground, the filing spouse may be required to provide ongoing financial support for the mentally ill partner. Richard Roman Shum also points out the higher legal burden in annulment cases. Unlike divorce, annulment cannot be granted by default or mutual agreement. Each case must go through a court proceeding, and New York law mandates corroborating evidence under Domestic Relations Law § 144. 'Even if your spouse openly admits in court to committing fraud, using duress, or concealing a material fact, the court still requires additional, independent evidence to confirm the claim,' the article states. The law is designed to prevent misuse of the annulment process. For those in Manhattan exploring this option, it is important to act quickly and consult with a qualified attorney. Richard Roman Shum helps clients understand which legal grounds apply and how to present the necessary evidence. With careful preparation and legal support, individuals can pursue an annulment when the law allows. Those questioning the validity of their marriage under New York law have legal options to consider. Annulment may provide a path forward in situations where a marriage was never valid to begin with. Richard Roman Shum assists clients in navigating the annulment process with clarity and focus. About the Law Office of Richard Roman Shum: The Law Office of Richard Roman Shum is based in Manhattan and focuses on family law matters including annulment, divorce, child custody, and marital disputes. Richard Roman Shum brings over 15 years of experience to clients seeking practical legal solutions and clear communication in emotionally complex situations. Embeds: Youtube Video: GMB: Email and website Email: richard@ Website:
Globe and Mail
3 hours ago
- Globe and Mail
Houston Wills Attorney Whitney L. Thompson Offers Insight on Inheriting Property Without Probating a Will
For families navigating the legal complexities of inheritance, knowing when probate is necessary can make a critical difference. Houston wills attorney Whitney L. Thompson ( of The Law Office of Whitney L. Thompson, PLLC, offers important guidance for Texans wondering if they can inherit property without undergoing the full probate process. In her article 'Can I Inherit Property Without Probating a Will?', Houston wills attorney Whitney L. Thompson clarifies that not all property transfers require formal probate. 'The truth is, there are situations where probate isn't required,' she writes, explaining that assets such as jointly owned property, accounts with named beneficiaries, and those held in a trust may be transferred without court involvement. Houston wills attorney Whitney L. Thompson emphasizes that understanding whether an asset is classified as 'probate' or 'non-probate' is the first critical step in determining how property will pass. Probate assets, like real estate titled only in the deceased's name or accounts with no beneficiary designation, require a court-supervised process to transfer ownership. In contrast, non-probate assets are designed to transfer automatically upon death, allowing families to bypass the court system altogether. Still, Thompson cautions against assuming that a valid will eliminates the need for probate. In Texas, a will holds no legal authority until it is admitted to probate by a court. 'A will is just a piece of paper until it's probated,' she explains. Without court validation, even clearly expressed wishes in a will cannot be legally enforced, and ownership of titled assets remains frozen in the name of the deceased. For those who delay, there is a crucial deadline: Texas law requires that a will be probated within four years of the decedent's death. Missing this deadline can lead to serious consequences, including the loss of inheritance rights and a reversion to state intestacy laws that distribute assets according to a fixed statutory formula. However, a narrow statutory exception allows for late probate filings if the applicant can prove they were 'not in default,' a standard that requires case-specific evidence and court approval. In addition to explaining the risks of failing to probate, Thompson outlines several tools that Texans can use to inherit property outside of probate. These include the Muniment of Title, a simplified process that allows courts to admit a will without appointing an executor; the Small Estate Affidavit, which is designed for modest estates with limited assets; and the Affidavit of Heirship, used primarily to establish title for real property when no will exists. Each method comes with specific eligibility requirements and limitations. For instance, Muniment of Title is only available when the estate has no unsecured debts and no outstanding Medicaid recovery claims. Likewise, the Small Estate Affidavit is capped at estates valued under $75,000, excluding exempt property such as retirement accounts and household items. Thompson also highlights that proactive planning is the most effective way to avoid probate altogether. Instruments such as revocable living trusts, Transfer on Death Deeds (TODD), and Lady Bird Deeds enable property to transfer automatically upon death. These tools not only streamline the inheritance process but also provide privacy and flexibility. Even when a valid will exists, certain financial institutions may still require a full probate process before releasing assets. As Thompson notes, 'Some banks or financial institutions may still require formal probate documents, creating practical hurdles despite the legal validity of the affidavit'. Her approach to wills and estate planning combines clarity with compassion. Drawing from her experience and commitment to family-centered legal service, Thompson offers readers a realistic view of their options, especially during emotionally difficult times. Her emphasis is not just on legal compliance but on helping families avoid confusion, disputes, and unnecessary expenses. Many people dealing with the death of a loved one are already overwhelmed. Adding legal complications can make the grieving process more difficult. Thompson and her team at The Law Office of Whitney L. Thompson, PLLC, strive to make estate planning and probate navigation understandable and manageable. Navigating probate laws in Texas requires more than general information—it calls for practical advice tailored to individual situations. Families unsure about whether probate is necessary, or who are looking for ways to transfer property efficiently and lawfully, can benefit from understanding their full range of options. Those with questions about probate, inheritance rights, or estate planning tools are encouraged to seek legal guidance. Whitney L. Thompson is available to help clients review their situation and take the necessary steps to protect their family's future. About The Law Office of Whitney L. Thompson, PLLC: The Law Office of Whitney L. Thompson, PLLC serves clients throughout the Houston area in matters related to wills, probate, and estate planning. Led by attorney Whitney L. Thompson, the firm focuses on helping individuals and families make legally sound decisions that support their long-term goals and provide peace of mind. Embeds: GMB: Email and website Email: info@ Website: Media Contact Company Name: The Law Office of Whitney L. Thompson, PLLC Contact Person: Whitney L. Thompson Email: Send Email Phone: (281) 214-0173 Address: 4201 Farm to Market 1960 Rd W Suite 360 City: Houston State: Texas 77068 Country: United States Website:
National Post
10 hours ago
- National Post
Weekend Decorator: Furnishing that finished basement
Dear Virginie, Article content We just finished digging out and finishing the basement of our home and would like some suggestions on how to furnish it. We have three daughters ages seven, 10 and 14, and may eventually need the basement to work as a guest suite for our aging parents, so we're looking for solutions that will be flexible. Any ideas? Article content Article content Article content I love a blank canvas, and this is a great one. It looks like you already have plumbing under the window wall, so that really opens up the possibilities. I'm imagining a room that can work as a crafts and hangout centre for now but can turn into a more sophisticated kitchenette and living area down the road. With plumbing in place, it's easy to turn that long wall under the window into a wet wall. You can run cabinetry along it, and maybe incorporate a storage unit on the left, and either a full fridge or an under-counter fridge on the right-hand side. Then you're left with what looks like about six to eight feet where a sink could be centred under the window. A company like Kitch offers modular solutions that are affordable, or you can buy custom fronts for IKEA boxes to get a unique affordable look. White oak with a thin shaker profile would be bright and elegant here. An island on casters would be perfect so that you can move it around and either use it as a large crafts table or a dining table when placed further into the room. I'm imagining a lot of kids' birthday parties in the short term and a prep island down the road. An open shelving base (like IKEA's Enhet) for the island would offer accessible storage; a simple laminate top would be inexpensive, easy to clean and make the whole island lightweight so you can move it around easily. Article content Article content Across the way is an ideal lounge area. I would hang one or two swing chairs in that fun window bay. It's a good idea to secure those to the floor with a rope that has a bit of slack so they don't swing into each other or damage the wall. You could also paint or wallpaper that nook to really make it pop. Article content The long wall is perfect for a modular sectional sofa. Cozey is a Canadian company known for bedding, but it has a great seating collection with washable slipcovers. The Ciello sectional has all sorts of different components so you can reconfigure it when you need to. Something super loungey would be great for sleepover parties. I would likely invest in a couple of bean bags to toss around as well. They offer a place to sit, lounge, lie, hurdle over and jump into – a fun choice in a kid-friendly room. Article content For flooring, I love your polished concrete and I don't think you should cover too much of it up. But hard surfaces like that can be loud, so carpet tiles are a great solution here. Flor makes endless patterns and colours, and you can get as many as you need to make the perfect flooring shape and size. The best part is you can wash them if they get dirty.
