____________________________ Nemec Law Offices

I was recently asked this question from a potential client.  Here is the response:

Once the divorce is final, gifts to an ex-spouse in a will are no longer valid unless the will specifically says the gifts should be valid, even in the event of divorce. An ex-spouse can inherit, but the intent to provide for the ex-spouse must be clearly stated in the will.

A will is not completely thrown out just because gifts to an ex-spouse are no longer valid. If the will doesn’t specify who will inherit instead of the ex-spouse, the property left to the ex-spouse might go to the person named in the will as getting everything left over.

Since, this might not be what you want, it’s always a good idea to rewrite your will after the divorce so that you can make sure your property goes where you want it to go.

The rule about invalidating gifts to ex-spouses doesn’t apply to trusts, insurance policies, retirement plans, or instruments like living wills. All of these must be changed to exclude the ex-spouse if that’s desired. Because many people use living trusts instead of wills to transfer the bulk of their property at death to avoid the delays and costs of probate, it’s very important to remember to change living trusts after a divorce.

Nemec Law Offices offers a will package for individuals or couples for very reasonable flat rates.  Please contact me using the form on our home page if you would be interested in learning more or possibly hire me as your attorney.

1:48 AM GMT  |  Read comments(0)

May 08

Effective telephone etiquette in law practice and in business

I take pride in the telephone energy and focus that my law firm provides.  That etiquette, however, has taken years to develop and demands continuous focus in order to keep the Nemec Law Offices distinct levels of service where we want them.  This posting discusses some aspects of telephone etiquette that is applicable to not only other attorneys, but anyone who operates in the business world.

When creating the business plan for my firm, I focused on distinguishing our services largely through our telephone etiquette.  I have experience working in and calling numerous law firms and noticed long ago that lawyers, in particular, are generally terrible at telephone friendliness, efficiency, and exhibiting an organized presence.  Many small and medium sized firms, such as ours, answer all incoming calls with "Law Office."  I think that presents an unpleasant first impression. 

The #1 cause of Texas State Bar grievances and attorney license probation and suspension is when attorney's fail to return client phone calls.  As a former reservations manager for a 4-star hotel chain and Associate Director of a national customer service and sales call center for a Fortune 20 company, I know the importance of customer service.  Nemec Law Offices will never fail to meet and exceed the expectations of every client we serve.

This article published on Law.com by an Atlanta communications expert highlights some of the ways a businessperson can stand out through energetic and efficient telephone etiquette.  Below are some excerpts and highlights from that article:

RAMPING UP YOUR ENERGY.  Over the telephone, your voice loses energy ... Smiling, standing and simply exaggerating your vocal energy will ensure that you come across well to a client over the telephone.

 

KEEPING YOUR MESSAGES FOCUSED.  Over the telephone, you're often relying on your listeners' powers of concentration to capture and process your ideas [which is obviously a risky and variable presumption to make]....  Try test-driving the simplicity of your message on your own voicemail. In preparation for a recent conference call, I called my own voicemail and delivered my 30-second "elevator pitch." I played it back to make sure it sounded clear.

 

[EFFECTIVE VOICE MESSAGES.  I find it effective to start every message I leave with my name and phone number, follow with a general synopsis of the reason for my call, and end by repeating my name and number.  It is my goal in every message to end the entire call within one minute, so that the message is less than 45 seconds.]

Credit to:
How to Thrive on Telephone Calls: Staying energized, focused and recapping messages are the keys
By: Joey Asher
Fulton County Daily Report
Published: May 06, 2008

12:11 PM GMT  |  Read comments(1)

May 01

Why you should(n't?) fear the Better Business Bureau

I was asked an interesting question today by a friend and client.  The answer to this question would probably be useful to more small business than just himself and me.

My friend is in the contracting business and was wondering what happens when a complaint is filed with the Better Business Bureau (BBB) and what companies like his can do to be proactive to prevent negative exposure.  Right off the bat, I did not know how to answer the first part of this question.  I told him that I presumed that the complaint would trigger some type of investigation of sorts, during which the business could argue its side of the story and mitigate any damages that might result from the complaint.

I looked further into what the BBB does for consumers and businesses alike and found some interesting information:

• Joining the BBB might help you obtain new sales, but their high-pressure sales tactics and high annual fees turn many business-owners off.

From the BBB: When callers to the BBB learn that you are a member of the Bureau, or when customers see your BBB plaque, they know that you stand behind your product and/or services. They also know that you are a good corporate citizen and care about promoting ethical business practices in our community.

However, The BBB is notorious for using questionable high-pressure sales tactics to get you to join.

$500 annual membership.  The cost of joining the BBB in Fort Worth starts at about $300 per year.  The cost of obtaining a BBB seal for use online is approximately $200 per year.

So, is it worth it to join?  Reports about this on the interwebs vary, but it seems like most experiences that are posted tend to slant against joining.

Unless you believe everything your read, only trial and error would show if joining the BBB actually increases sales.   Have you seen any improvement in sales after joining the BBB?  If so, please comment about it!

• When a complaint is filed against you, you indeed have the opportunity to tell your side of the story.

From the BBB: As a BBB member, you are notified immediately if a complaint is filed against your business. This gives you the opportunity to resolve the problem quickly. Businesses can request the Bureau's assistance to help deal with a difficult customer. We also offer mediation and arbitration services than can help you avoid lengthy and costly public court action.

When a complaint is submitted, it will be forwarded to the appropriate Better Business Bureau based on the zip code of the company involved for handling. In some cases, the Bureau may contact the consumer for additional information about his complaint.

The BBB will forward the complaint to the company involved. Because most business firms care about satisfying their customers, complaints generally are resolved and the matter is closed.

• Most BBB calls are not complaints at all, but are instead calls from consumers researching businesses before buying.

From the BBB: Although the Bureau does help customers with complaints, 70 to 80 percent of the calls to the BBB are pre-purchase inquiries. In other words, most calls are from people checking on a business prior to making their decision on where to do business.

• Complaints stay on file with the BBB for three years and the company's response to the complaint is also shared publicly.

From the BBB: The company's size, volume of business and number of transactions may have a bearing on the number of complaints received by the BBB. The complaints filed against a company may not be as important as the type of complaints, and how the company has handled them. The BBB generally does not pass judgement on the validity of complaints filed.

I have contacted the local BBB office for more information and will post more as I get it.  In the meantime, let us know what your experiences are with them!

$360b would buy quite a record label.

Link

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