Disinheritance
Inheritance laws involve legal rights to property after a death and such laws differ from state-to-state. Heirs usually consist of close family members and exclude estranged relatives. Depending on the wording of a will, an individual can be intentionally, or even unintentionally, disinherited.
In most cases, spouses may not be legally disinherited. Certain contracts, however,...
Disinheritance Continue reading…Oral Contracts & The Statute of Frauds – Is the Agreement Binding?
There is a widespread misconception that verbal contracts are unenforceable. Nevertheless, a contract made orally with another party, without embodying the particular terms in a signed writing, can still be valid and binding. Even so, any disagreement concerning the deal may pose multiple problems for both parties. In order for the court to give...
Oral Contracts & The Statute of Frauds – Is the Agreement Binding? Continue reading…Testamentary Substitutes
In states that have “elective share statutes,” a surviving spouse is legally entitled to a certain percentage of the deceased's estate, even if that spouse has attempted to disinherit or to provide a lesser bequest, or gift, under the will. In “separate property” states, an elective share statute is likely to be in effect. ...
Testamentary Substitutes Continue reading…Copyright Protection and Fair Use
Authors often want to understand the eligibility of their writings for copyright protection. Legal copyright registration provides the copyright holder with a collection of special rights. Under the U.S. Copyright Act, a rightful owner maintains the “exclusive right to reproduce, distribute, perform, display, license, and . . . prepare derivative works” founded on his...
Copyright Protection and Fair Use Continue reading…Preventing Will Contests
So, you have a will, but is it valid? A will can be contested for a multitude of reasons after it is presented to a probate court. It is in your best interest to have an attorney draft the will to prevent any ambiguity in the provisions of the document that others could dispute...
Preventing Will Contests Continue reading…The Federal Trade Commission Act and its Affect on Advertising
The law forbids businesses from including baseless statements or assertions in their advertisements. According to the Federal Trade Commission Act (FTCA), a business must ensure that their representations are not misleading or unfair, and the entity must have data that supports all claims. Evidence may, for example, be substantiated based by surveys, expert testimony,...
The Federal Trade Commission Act and its Affect on Advertising Continue reading…What Employers Should Not Ask In An Interview
Most employers know that their workers are protected from discrimination while they are employed. Surprisingly, some are unaware that prospective employees are protected throughout the application and hiring process as well. Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, the Pregnancy Discrimination Act and the...
What Employers Should Not Ask In An Interview Continue reading…Avoiding Common Mistakes in Estate Planning
Estate planning is designed to fulfill the wishes of a person after his or her death. Problems can easily arise, however, if the estate plan contains unanswered questions that can no longer be resolved after the person's demise. This can, and frequently does, lead to costly litigation counter-productive to the goals of the estate....
Avoiding Common Mistakes in Estate Planning Continue reading…When Must a Business Charge Sales Tax on Out-of-State Purchases?
A 1992 Supreme Court decision Quill Corp. v. North Dakota established the principle that an out-of-state retailer does not have to collect state sales tax if it does not have a physical location—a store, business office, or warehouse—in the state where the purchase originated. Theoretically, the consumer placing the order in a state that has...
When Must a Business Charge Sales Tax on Out-of-State Purchases? Continue reading…What are the powers and responsibilities of an executor?
An executor is responsible for the administration of an estate. The executor’s signature carries the same weight of the person whose estate is being administered. He or she must pay the deceased’s debts and then distribute the remaining assets of the estate. If any of the assets of the estate earn money, an executor...
What are the powers and responsibilities of an executor? Continue reading…Pitfalls in Providing Employee References
Employees do not always depart on the best of terms. When that is the case, what are your obligations in terms of disclosure when a prospective employer contacts you to check for references? Keeping negative opinions to yourself might seem like a surefire way to stay out of court. A bad reference might lead...
Pitfalls in Providing Employee References Continue reading…Costs Associated with Dying Without a Will
When someone dies without a will, it is known as dying intestate. In such cases, state law (of the state in which the person resides) governs how the person's estate is administered. In most states, the individual's assets are split -- with one third of the estate going to the spouse and all surviving...
Costs Associated with Dying Without a Will Continue reading…