European and U.S. Origin of Christmas

Christmas is both a sacred religious holiday and a worldwide cultural and commercial phenomenon. For two millennia, people have been observing it with traditions and practices that are both religious and secular in nature. Christians celebrate Christmas Day as the anniversary of the birth of Jesus of Nazareth, a spiritual leader in the Middle East whose teachings form the basis of their religion. Popular customs include exchanging gifts, decorating Christmas trees, attending church, sharing meals with family and friends, and, of course, waiting for Santa Claus to arrive.

In Western cultures (primarily Europe and the U.S.), Santa Claus is now inextricably linked to Christmas. The original “Santa Claus” was born in the Fourth Century and “sainted” by the Catholic Church in the 19th Century.

In 1931, the Coca-Cola Corporation contracted with Swedish commercial artist Haddon Sundblom to create a coke-drinking Santa. Sundblom modeled his Santa on his friend Lou Prentice, chosen for his cheerful, chubby face. The corporation insisted that Santa’s fur-trimmed suit be a bright Coca-Cola red, resulting in the Santa Claus image we know in the U.S. today. Black, or African-American, Santas began around the same time. Others in the African-American community have rejected traditional Christmas and adopted Kwanzaa as a secular alternative in celebration of cultural and traditional values.

In Ukraine and other countries in Europe associated primarily with Eastern Orthodox churches, the Julian calendar is followed and Christmas is celebrated on January 7th. The holiday celebration begins on Christmas Eve with a dinner consisting of 12 dishes that symbolize the apostles.

Christmas in Asia

Throughout Asia, Christmas is celebrated in Christian communities. It has been given a local flavor and is sometimes intertwined with local festivals and events.

In Malaysia, it is a public holiday and has retained its commercial “edge”. In Thailand, where they like to party, the religious meaning is not focused on and the King’s birthday in early December is even more reason to party. While the Chinese don’t traditionally celebrate Christmas, the western influence, especially so in the big cities, has made Christmas more visible, though still associated with Christianity and the West. In Japan, Christmas is seen as a chance to spread happiness and good fortune, rather than as a religious celebration.

A special tradition in India is attending Midnight Mass with family and friends on Christmas Eve. Churches in India are decorated with poinsettia flowers and candles, especially for this important service.

Afterward, there is a feast, and gifts are exchanged.

Christmas in Africa

For almost everyone in Africa, Christmas is a time to gather with friends and family, go to church, and enjoy a big feast – but every country also has its own unique festive traditions. In most countries, Christmas is a public holiday and people make the most of the opportunity to visit family and friends. In East Africa, goats, rather than turkeys, are purchased at the local market for roasting on Christmas Day.

For those countries following the Julian, rather than Gregorian, calendar, such as Egypt and Ethiopia, Christmas is celebrated on January 7th. In some African countries, the time around the end of the year, the winter Solstice, is for celebrating the god Osiris (Ra). Often, instead of expensive gifts, people give each other affordable items or services, and those who can afford it, donate books, clothes, and toys to orphanages or churches. Liberia has its own version of Santa Claus, known as Old Man Beggar, who dances and solicits presents.

Bless Us All

As we approach Christmas this year, let us remember a poem by Howard Thurman, an author and theologian, often considered to be a mentor and spiritual adviser to Martin Luther King, Jr.

The Real Work of Christmas

When the song of the angels is stilled,
When the star in the sky is gone,
When the kings and princes are home, and
The shepherds are back with their flock,
Then the real work of Christmas begins:

To find the lost,
To heal those broken in spirit,
To feed the hungry,
To release the oppressed,
To rebuild nations,
To bring peace among all peoples,
To make a little music with our hearts,

To radiate the Light of Christ
Every day, in every way
In all that we do
And all that we say,

Then the work of Christmas begins

Christmas Around the World | Holsinger Law

But is your estate plan complete? Do your loved ones know the names and codes for access to your computer or the various accounts and websites you use? Do they know where your safety deposit box is, or where the key is? And, what if you become seriously ill or injured and don’t die. What if your home and its contents are lost to a natural disaster, such as fire, flood or earthquake? This information can be even more critical at such times.

Personal Computer Information

In this age of identify theft, internet fraud and the possibility of unauthorized remote access to personal computer databases, we are encouraged not to keep complete account numbers, PINs (“personal identification numbers”) and other information needed for bank accounts, websites, etc. on our computers. It is strongly recommended that you make a written record with this information and keep it with your estate plan or other written inventory.

In Case of Natural Disaster or Theft

Death and disability are not the only things we need to be prepared for. Three percent of all homes in the U.S. are burglarized each year. A massive earthquake is overdue in Northern California. In 1991, over 2,800 single-family homes were lost in the Oakland Hills fire. The entire town of Paradise, California was lost to fire in 2018. All of these events, and more, can result in the permanent loss of your assets.

Your estate plan may help document your losses in the event of a disaster, but not completely and not if your records are lost along with your house. Similarly, your estate plan may not be, of itself, sufficient to provide the complete record necessary in case of burglary. Additional information is needed in case of a disaster or theft in order to expedite an insurance or tax deduction claim. Your insurance agents may assist you in creating an inventory of your assets.

Personal Property Inventory

Most estate plans only identify personal property assets of significant financial or sentimental value, such as family heirlooms, and who you would like to receive the item after you are gone. In addition to this information, you should also consider creating a record of personal property in case it is stolen or lost in a disaster, such as a fire or a flood. This should include the original cost of the item and the date of acquisition or purchase (the original receipt is the best record), or an estimate of its value (such as an appraisal of antiques or art, or even an eBay printout of the sale of a similar item). Serial numbers, especially for computers, should be recorded.

Photographic Record

Photographs (or videos) are excellent for documenting the existence and nature of your property and its condition; the more the better. Take photographs of the exterior of your house from a variety of angles; make sure you have at least one for each side. Do the same for each room in the house, with a separate picture for each antique or piece of art. Don’t forget the contents of drawers and closets. The photographs can be printed or kept in electronic format. Many retail stores will transfer your digital images to CD. Take photographs of your cars and recreational vehicles, making sure to document any custom features.

Where to Store the Inventory

Ideally, you will make several copies of this record, keeping one in a fireproof safe or safety deposit box, preferably with your estate plan documents, another out of the area with a trusted family member or friend and another might be maintained electronically (though without complete identification numbers). You should also consider providing a copy of the personal property inventory and a duplicate of photographs to your insurance agent, to be kept in your confidential file.

– – –

For further information, ideas, and even software programs, you might simply word search “Home Inventory.”

Home Inventories as a Supplement to Estate Plans | Holsinger Law

If you have or are considering a revocable living trust, you should name who will take over the management of the assets in your trust and the handling of trust related finances if you become incapacitated or after you die. This person is called a successor trustee. There are responsible for following the instructions in the trust agreement. In general terms, this includes:

• Locating, securing control over and protecting trust assets
• Collecting life insurance policies, annuities, and retirement accounts on which your revocable living trust has been named the primary beneficiary
• Coordinating with the personal representative or executor of your estate if court probate administration is necessary
• Paying any expenses of last illness
• Identifying, settling and paying any outstanding debts
• Having appropriate tax returns prepared and filed
• Distributing specific gifts and trust assets to the beneficiaries

If you are still alive and particularly if you might recover, some of this will not be needed. Whether this is the case or you pass away, the selection of the person who you entrust with this job (it is a job, sometimes, full time, sometimew part time) is a serious matter.

If you are married and your spouse is still alive and healthy, your trust agreement may provide that they simply continue as the sole trustee and that no assets are to be distributed until the second one is gone. If your beneficiaries are your adult children, it may make sense to name one of them as successor trustee. If there may be conflict between them, perhaps from childhood, naming someone else could make better sense.

A successor trustee can also be another family member, trusted friend, bank or other institutional trustee, or a professional trustee. If you choose a family member of friend, it is important to name alternates if your first choice is unable or unwilling to act as trustee. When you consider who should be your successor trustee, keep in mind the type and amount of property held in your trust, the complexity of the trust agreement and instructions, and your candidate’s qualifications. Taking over as trustee can require a substantial amount of time and demand a certain level of business and common sense.
It is appropriate, especially for family members and friends, that you first ask whether or not they want the responsibility of managing your trust. Whomever you choose, it should be someone you know and trust, whose judgment you respect, and who will respect your wishes and carry them out accordingly.

Your estate planning attorney can help you with this decision.

Selecting a Successor Trustee | Holsinger Law

Holiday Season and New Year

Law Offices of William H. Holsinger
1710 So. Amphlett Blvd., Suite 210A
San Mateo, CA 94402-2705

(650) 340-7500
William@HolsingerLawOffice.com

Season’s Greetings | Holsinger Law

Email, teleconferencing, websites, remote offices, texting, electronic filing, video court appearances, face masks, electronic billings and payments. These are the benchmarks of a new world and a new way for an attorney to practice law and for an individual to receive legal services and representation.

Without personal contact, relationships, and common community, how is one to know who to contact for legal help? I recently had a person telephone me for help after an internet search. It was a brief call. Once again, as happens not infrequently, we were able to identify the issue and the possible courses of action. On this occasion, it did not include the need to engage my services.

An issue arises when the hiring of an attorney is appropriate. Can everything be done remotely, without ever meeting face-to-face? Probably not. When an attorney agrees to provide legal services to an individual, a fiduciary relationship is created. This obligation is so significant and important, it remains necessary in almost all instances for the attorney and individual to meet first.

This suggests that the engagement of an attorney as general, or personal, legal counsel on an ongoing basis is both wise and well-suited to today’s new world. Once created, and like a family physician, telephone and teleconference appointments are then possible as needed.

William Holsinger serves as personal legal counsel to individuals, professionals and businesses. Consider chatting with Will Holsinger (that’s me) and deciding whether such an ongoing relationship is right for you.

The Remote Practice of Law and the Client | Holsinger Law

As an attorney whose practice includes trust and estate planning and as a long-time hospice volunteer, I have seen firsthand the struggles and grief of the family members and friends who survive and are left to cope with the emotional stress as well as the practical problems that suddenly need to be handled.

There are many fine attorneys who can help you through this process. Some of you may have the good fortune to have a long-time family attorney who has become a trusted friend. Their understanding and sympathetic assistance can be invaluable. Others are less prepared. For these people, I like to think that I can be a knowledgeable and helpful resource. And, for those on the San Francisco Peninsula, I am available for house and hospital calls in some circumstances.

Remember, the pandemic will (we hope) be over someday, but life … goes on. If I may be able to be of some service, please don’t hesitate to contact me.

A Reminder | Holsinger Law

Please update your address books!

The new Holsinger Law Office location starting Monday, March 1st, 2021 is:1710 South Amphlett Blvd.Suite 210ASan Mateo, CA 94402-2715

Thank you for your patience in this time of transition.

Holsinger Law Office has Moved | Holsinger Law

Not all legal matters involve just one area of practice. A general practice lawyer is experienced in handling a variety of legal issues that involve a wide range of matters. For instance, if you’ve experienced the wrongful death of a loved one or family member, you may wish to file a wrongful death lawsuit in civil court. However, you may also need assistance with sorting out the property and debts of the person who has died, and that same attorney may be able to help you with the necessary probate work. Sometimes, a client can have a valid legal claim against another person, but there may be non-legal reasons why other courses of action are more appropriate. A general practice attorney, particularly one with whom the individual or business has a preexisting and ongoing relationship with can be better able to both consider and help the client answer this question.

The general practice attorney can also be very suitable in assisting an individual or business with a variety of legal matters on an ongoing basis. If you have a general practice lawyer, you’ll also have the added benefit of being able to develop a long-term relationship with a legal professional who understands your individual or business priorities, values and needs.

When a general practice attorney does not have the education, training or experience needed to handle a particular matter, they may help you find a specialist attorney who can. Many attorneys, who do not identify themselves as engaging in the general practice of law, may focus or even specialize in one or two areas of law, but are able to help in others. Some attorneys form law practice groups, whether a partnership or less formal association, that enable them to offer a wide range of services.

The relationship between an individual and an attorney depends on the client having trust and confidence in the attorney. When the individual seeks out a new and different attorney for each problem or legal need, the time, and related expense, of developing trust and confidence is a necessary and unavoidable part of the process. When this relationship already exists and the attorney has a broader and ongoing relationship with the client, the trust and confidence already exist and the individual benefits.

Large businesses often have full-time in-house general counsel who oversee and manage the legal issues and needs of the business. Smaller businesses often have ongoing outside legal counsel on retainer, available and committed to prompt respond to the client’s needs. General practice attorneys often fill this role for businesses and this relationship can sometimes include serving the personal legal needs of the business owner.

What is a General Practice Attorney? | Holsinger Law

August 17, 2020
The US is facing the most severe and devastating housing crisis in its history: 30–40 million Americans could be facing eviction by the end of 2020, creating the widespread displacement of millions of families and exponentially increasing homelessness across the country. The federal moratorium on evictions expired, and despite President Trump’s call in early August to reinstate it, putting another temporary moratorium into place is simply applying a band-aid to a gaping wound in light of expired unemployment benefits and millions out of work—some forced to live on $58 a week.

According to a collaborative policy memo put out by policy and legal experts across the country, it’s not just renters who are in potentially dire straits. The COVID-19 housing crisis has compounded the risk of foreclosure and bankruptcy for small property owners as well, many of whom generally lack access to capital beyond their rental properties. Fifty-eight percent of the “mom and pop” landlords who make up almost half of US landlords “have neither the cash nor the credit availability to cover their costs when the rents aren’t paid.” The more than 13,000 empty apartments currently in Manhattan, a record high since the start of data collection, is a searing image of what’s happening all over, because like the national numbers, “half of Manhattan’s apartment rentals are owned by small business owners, rather than large publicly traded companies or the big, well-funded real estate families.”

The state of housing in the US prior to the pandemic was already incredibly troubling, as reported by the Joint Center for Housing Studies of Harvard University (JCHS), which stated that 47.5 percent of all renters in 2018 were “rental cost-burdened,” meaning that their monthly rent cost over 30 percent of their monthly income. Of those below the poverty line in 2018, the majority spent at least half of their income on rent, and for one in four, it was 70 percent of their income. Over 14 million renter households in 2016 (or 33 percent) had minor children. JCHS noted that when the pandemic hit, 25 percent of all renters were paying over 50 percent of their monthly income on rent. With cuts to affordable housing over the last 10 years, millions of Americans and their children were already vulnerable to eviction before COVID-19.

Housing instability and eviction vulnerability have historically had a much greater impact on communities of color, studies showing that they are “twice as likely to be renters and are disproportionately likely to be low-income and rental cost-burdened,” with Black and Latinx communities constituting 80 percent of evictions. In cities like Baltimore, Maryland, evictions for Black renters exceed whites by almost 200 percent.

Many families across the country are worried about homelessness, forcing some into impossible and devastating choices: get any job and risk personal illness and the illness of your family or risk being homeless and on the street with your children. This was exactly the situation for Latisha Gonzalez in Ohio, a single mother with two children, one aged seven and one eight. After losing work and childcare at the start of the pandemic, Gonzalez was determined to keep herself and her children from homelessness. After going through a legal mediation process with her landlord who had issued an eviction order because of unpaid rent, Gonzalez is now working at Amazon, “doing three 12-hour shifts a week. She gets paid every week, and almost all of the money from her next few paychecks will be going toward rent.” In the words of Gonzalez’s lawyer Deborah Coleman, she is “one of the fortunate ones.”

As 36 percent of renters missed their July payments according to Apartment List, up from 30 percent in June and 31 percent in May, many are looking for alternative means to pay their rent, including credit cards, which saw an increase in use for paying rent of 31 percent between March and April, and an additional 20 percent increase from April to May.

With millions struggling to survive following the expiration of the weekly $600 in unemployment benefits, more and more of families’ budgets are going toward rent, meaning that less is going toward food. At the end of July, nearly 30 million Americans claimed that they don’t have enough food, and Washington University in St. Louis recently reported that food pantry needs in some states have increased by 2,000 percent. Almost all of Gonzalez’s income, mentioned above, goes to rent, and she, along with her two children, are surviving on SNAP benefits and the $10 a week her uncle sends her for gas, just so she can get to work.

At the end of July, the U.S. Census Bureau Household Pulse Survey (Week 12), stated that 43 percent of renters who have children and 33 percent of all renters had little to no confidence that they could pay their August rent on time, and among those renters who earn less than $35,000 per year, 42 percent doubted their ability to pay August rent, rates exponentially worse for Black and Latinx renters, whose figures are twice that of white renters.

We are on the precipice of a pervasive and enduring housing crisis that, like the pandemic and the recession, is disproportionately affecting communities of color. And it is imperative that the government act swiftly and act comprehensively to prevent what could cause long-term and unprecedented harm to millions of Americans families, forcing parents and children onto the streets. — Beth Couch

America’s Looming Eviction Crisis Threatens Unprecedented Tens of Millions | Holsinger Law

Have a Safe Holiday | Holsinger Law