Commercial Lease Disputes
Sometimes a business grows more rapidly than expected and its leased space is no longer large enough. Other times a business finds itself losing money and unable to pay rent. In those instances, it is the commercial tenant that desires to break its lease. There are times, however, when a commercial landlord seeks to...
Commercial Lease Disputes Continue reading…Should a Power of Attorney be a part of my Estate Plan?
A durable power of attorney is an important part of an estate plan. It provides that, in the event of disability or incapacitation, a preselected agent can be granted power over the affairs of the individual signing the document. This power can be limited to specific decisions, like the decision to continue life sustaining...
Should a Power of Attorney be a part of my Estate Plan? Continue reading…Common Frivolous Suits Filed Against Small Businesses
Frivolous lawsuits are an all-too-common problem for small businesses. This is because, under current laws, there is almost no risk to trial attorneys or their clients for bringing even absurd cases to court. While large companies routinely retain attorneys and have the financial means to protect themselves from frivolous lawsuits, small businesses may be...
Common Frivolous Suits Filed Against Small Businesses Continue reading…When is a person unfit to make a will?
Testamentary capacity refers to a person’s ability to understand and execute a will. As a general rule, most people who are over the age of eighteen are thought to be competent to make and sign the will. They must be able to understand that they are signing the will, they must understand the nature...
When is a person unfit to make a will? Continue reading…Common Lawsuits Brought Against Small Businesses
It is impossible to predict every lawsuit that a small business might possibly face. There is nothing to prevent angry vendors, entitled customers, or disgruntled employees from filing a lawsuit, even if there is no legitimate basis for it. The more a business owner delegates responsibilities to employees, the greater the risk that an...
Common Lawsuits Brought Against Small Businesses Continue reading…How does life insurance fit into my estate plan?
Life insurance can be an integral part of an estate plan. Policies can be set up to be paid directly to the beneficiary, without the need to pass through the estate, and without the need for any taxes to be paid. Having a life insurance policy ensures that some assets will be liquid, so...
How does life insurance fit into my estate plan? Continue reading…Why shouldn’t I use a form from the internet for my will?
In this computer age, when so many tasks are accomplished via the internet -- including banking, shopping, and important business communications -- it may seem logical to turn to the internet when creating a legal document such as a will . Certainly, there are several websites advertising how easy and inexpensive it is to...
Why shouldn’t I use a form from the internet for my will? Continue reading…What is a 501(c)(3)?
A 501(c)(3) nonprofit is one of a class of 29 different types of tax-exempt, nonprofit organizations under section 501(c) of the tax code. Most charitable organizations that receive donations from individuals in the United States are organized as 501(c)(3) nonprofits. The 501(c)(3) status is the most coveted type of nonprofit status because donations...
What is a 501(c)(3)? Continue reading…Your Wishes in Your Words
During the estate planning process, your attorney will draft a number of legal documents such as a will, trust and power of attorney which will help you accomplish your goals. While these legal documents are required for effective planning, they may not sufficiently convey your thoughts and wishes to your loved ones in your...
Your Wishes in Your Words Continue reading…When Is It OK to Fire an At-Will Employee?
The overwhelming majority of employees are considered to be at-will employees. If an employee works without a contract stating otherwise, that person’s employment is considered at- will for its duration. This means that the person serves at-will and either party may terminate the employment at any time. Even though an explanation is not always...
When Is It OK to Fire an At-Will Employee? Continue reading…Estate Planning for the Chronically Ill
There are certain considerations that should be kept in mind for those with chronic illnesses. Before addressing this issue, there should be some clarification as to the definition of "chronically ill." There are at least two definitions of chronically ill. The first is likely the most common meaning, which is an illness that...
Estate Planning for the Chronically Ill Continue reading…Things to Consider When Picking an Executor
The role of an executor is to effectuate a deceased person’s wishes as declared in a will after he or she has passed on. The executor’s responsibilities include the distribution of assets according to the will, the maintenance of assets until the will is settled, and the paying of estate bills and debts....
Things to Consider When Picking an Executor Continue reading…