Who Do You Trust to Tell You?
One of my best friends has Parkinson's. We are talking long-time friends: Lane and I met the first day of college in an elevator when it broke down, and we introduced ourselves while waiting for the elevator to be fixed. After college, every year, we’d get together. Annually, we hunt with our friend Russell. During one of our hunts a few years back, Lane shared his diagnosis of Parkinson's. At some point that week, the three of us sat down and Lane discussed with us the p
May 1, 2023


Are You a Frog in Warm Water?
Many of you have heard the analogy about the frog and boiling water – if you try to put a frog in boiling water, he will jump right out to save his life. But, if you put a frog in cool water and gradually warm it up, he doesn't realize it until it's too late. It's a horrible story. Every few weeks, I see the story in action. A family is dealing with dementia or some other chronic illness, and one or two of the family members are the sole caregivers. They are the frogs in
May 1, 2023


Discovering What Is Really Important
Easter this year included time with my grandsons. Both were decked out in new shirts and fresh haircuts. They looked so handsome. We got down to dying the eggs. This has been an event that Alex (the five-year-old) has enjoyed in the past. We got everything set up and Alex climbed up on the chair. Before he began to dye the eggs, my wife suggested we take off his shirt so as not to ruin it. All of a sudden Alex did not want to dye eggs. He got up and left the table. I
May 1, 2023


Forty Years Makes a Home
Forty years ago, I left my law practice in Topeka, and with my wife we moved to Hays. Forty years ago. It is hard to believe it been so long. The move was not without hiccups. Our home in Topeka was our first. We lived in a little two-story home, single garage, in an older neighborhood. We loved that first home and our neighbors. We had trials and tribulations there, but it was our first home, so it was special. The day of the move in January of 1983 was a beautiful day—a su
May 1, 2023


Surprise
Recently, I had an annual physical. My doctor wanted me to have an X-ray on my hip. I had to get one of those braces on my wrist before I went up to the X-ray clinic. I was a little irritated as the doctor assured me I would go right up and get the X-ray. But I was assigned a number. I was number 68. I could not believe there were 68 people ahead of me. I went to the X-ray department, checked in and sat down. I only saw a couple other people sitting around me. Then, I
Apr 3, 2023


Helping Others
In 2020, my sons and I went to San Antonio, Texas for our annual “boy’s weekend”. It was unusually cold for San Antonio, even for January. We visited a cathedral near our hotel. As we went into the church there was an elderly man standing outside, wrapped in an Indian blanket. He had a long, shaggy beard, and it was apparent to me he lived on the streets. We toured the beautiful church, walking back to the alter area. Near the alter area there was an exit door through a s
Feb 8, 2023


Can You Waive Fiduciary Duty?
There is a recent case that came down within the last couple of years. It was a case dealing with a trust and a trustee, and how that trustee handled a trust. Frankly, the trust was not very artfully drafted. In essence, it gave the trustee very broad authority. The trust attempted to waive any obligation on the part of the trustee to act as a fiduciary. My recollection is that the trial court agreed that that is in fact what the trust said, and that the trustee was not
Feb 8, 2023


What Is Reasonable May Be Unreasonable
Farmer Schmidt has a quarter of ground that has long been favored by his neighbor. Farmer Schmidt is trying to downsize and is ready to sell the property to neighbor Jones. Farmer Schmidt and neighbor Jones enter into a contract to purchase the quarter of ground for $2,000 an acre ($320,000). Neighbor Jones is a young farmer, just getting his operation off the ground. He and Farmer Schmidt enter into a purchase for deed contract. The standard in the area is a 20-year con
Jan 13, 2023


Christmas Magic
I will share with you that Christmas is still a magic time for me. When I was a kid, I grew up in Texas. My parents would drive from the coast of Texas to Fort Worth to be with my grandparents. We typically would arrive after dark on Christmas Eve. My sister and I would sit in the back seat of the car, looking to the sky to see if we could see Santa and his sleigh. That activity was encouraged by a radio station: Santa would be sighted “on radar,” and they could tell us
Dec 6, 2022


Vivid Memories
My grandfather, Pop, was a giant of a man, at least to me. He was 6’2” and had huge hands. He grew up as a farmer/rancher in the hill country of Texas. He and my grandmother got married at the beginning of the depression. Their ranch was not profitable enough to support a family, so Pop always had a job off the farm and usually two at a time. I don’t remember what all they were, but they included hauling rock with a horse-drawn wagon for the county, and my grandmother man
Oct 26, 2022


