The National Football League Players’ Concussion Injury Litigation class action settlement became effective on January 7, 2017.  Class action representatives were given until August 7, 2017, to sign up as many class members as possible. 
 
There are a limited number of former NFL players, however, the settlement amount will net high fees for lawyers involved.  This explains recently aired television ads, reaching out to affected former players, by law firms usually advertising medical claims settlements.  These firms are just intermediaries, seeking a referral fee.
 
A problem arose, however, when allegations of deceptive practices targeting settlement class members.  Normal television advertising isn’t the problem.  Organized groups close to the case are alleged to be exerting personal pressure on former players.  The Court is concerned the former players are being deluged with solicitation.  Noting the victims are likely suffering from cognitive impairment, the Judge ordered further investigation to determine the fairness of the solicitation blitz. 
 
With such a small pool of potential litigants, class action lawyers have ramped up the competition.  Hopefully, the Court can play the role of referee, and maintain fairness in this high-stakes game.  
 
Attorney James Haroutunian practices real estate, estate planning and business law in Billerica at 630 Boston Rd and can be reached with questions at hlawoffice.com, 978-671-0711 or via email: James@hlawoffice.com.   
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Question:         I deeded my house to my son and daughter back in the 1980’s.  I live there under a reserved life estate.  My daughter passed away ten years ago, leaving her kids and husband behind.  I am wondering who owns my house? 
 
Answer:           Do you remember handing your kids a double sized popsicle, when they were young?  You could either break it in half, giving one stick to each child, or have them share the whole treat - of course, my kids would kill each other if they had to share it.   When you deeded the property to your kids, it was similar.  You got to decide the manner of ownership between your kids.  Either joint tenancy or tenancy in common.  
 
Think of “joint tenancy” as the whole, unbroken popsicle.  Each child owns the property together, and if one passed away, the whole property goes to the other child. 
 
Think of “tenancy in common” as the popsicle split in half.  When one child passes away, their share is passed on to their estate (not to their sibling). 
 
Unfortunately, your deed was silent as to the manner of title given to your two children.  Thus, they own as “tenants in common”.   Now comes the big question:  did your daughter write a Will? 
 
If so, it will dictate who gets the property.  If not, the ownership passes ½ to her husband and ½ to her kids (your grandkids).  Either way, your daughter’s estate needs to be probated.  This can be expensive with filing and publication fees alone ranging over $1,000.00.  I suggest starting this probate project now, as it may take many months. 
 
If you could turn back time, and draft your deed again, those two simple words: “joint tenancy” would help in a major way.
 
Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com.  This column is published for informational purposes only and not to be relied on as legal advice, in any manner.  
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Question:         My daughter is going to live at college in the fall.  She is now 18 years old.  In case of a problem, do I need anything legally to support her medically or financially? 
 
Answer:           I remember my freshman year at college.  Though I was technically an 18 year old adult, I relied heavily upon my parents for support in many ways – financially, medically, emotionally, etc.  Nowadays, college administrators can get carried away in providing students with autonomy from parents.  With proper legal authorization, you can equip yourself in the case of an emergency.
 
Health Care Proxy – many reasonable medical personnel will work with parents for disclosure of information and collaboration of decision making.  Many unreasonable individuals will not. 
 
By signing a health care proxy document, your child can authorize you to step into their shoes, in the event of a medical emergency.  If your child cannot speak for herself, you will be able to make her health care decisions.  Further, as a designated health care agent, you will be able to gain access to medical information without delay or hesitation.  This is particularly important in dealing with college administration in the wake of a medical emergency, when information is scarce. 
 
Power of Attorney – many parents will establish joint accounts for children at college. This allows you to access information and, more importantly, to deposit funds.  This setup may serve most parents; however, your financial authority ends with this account. 
 
Sometimes, find themselves in other forms of financial obligation, such as rental agreements off campus, scholarships, loans, credit cards or meal plans.  In order to be legally prepared to help your student with any problems, you are best equipped with a power of attorney status. 
 
Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com.  This column is published for informational purposes only and not to be relied on as legal advice, in any manner