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December, 2017 Archives

Practice Areas

Archives for 2017

Deed Restrictions Can Ruin Your Dream Home

Posted on December 20, 2017 //

Deed restrictions can have a big impact on purchasing or building a new home, selling an existing home, renovations, and even how a property is used. Since deed restrictions are attached to the land, they can continue to cause problems for both current and future owners of a property for many years. What is a Deed Restriction? Deed restrictions, or restrictive covenants, are provisions in a property deed that place limits on the use of the property and/or building on the property. Such … [Read more...]

Filed Under: Real Estate //

What Is an Indemnity Agreement (and Should You Use One)

Posted on December 6, 2017 //

An indemnification agreement is an essential document that helps protect businesses from the risks associated with doing business. It is a document that identifies the risks clients and guests accept when visiting a client's property or utilizing their products or services. This effectively shields the business from lawsuits should clients or guests experience property damage or personal injuries under certain circumstances. Types of Indemnities There are three types of indemnities. A … [Read more...]

Filed Under: Corporate Law //

Consider These Strategies Before Leaving Your Kids An Inheritance

Posted on November 24, 2017 //

Estate planning techniques like the incentive trust can nurture healthy ambition while also ensuring that an inheritance will not interfere with children going on to lead meaningful lives of their own. According to Forbes money can enable children to have a financial cushion that helps them lead better and more fulfilling lives. Money can also suck the ambition and initiative out of children who are not prepared for the sudden influx of wealth. Is Inheriting Money Always a Bad Thing? CNN … [Read more...]

Filed Under: Estate Planning //

What You Should Know About DBAs

Posted on November 8, 2017 //

Since improper use can expose companies to compliance violations and civil lawsuits, business owners should familiarize themselves with the details of DBAs. “Doing Business As” (DBA) is a term used to enable a company to operate under a name that differentiates from its official filing documentation. DBAs give companies the flexibility to create “new” business ventures that attract customers. The Basics of DBAs DBAs are also known as fictitious business names, trade names, and assumed … [Read more...]

Filed Under: Commercial //

Choosing the Right Probate-Avoidance Method

Posted on October 20, 2017 //

The probate-avoidance strategy decedents use can determine if their heirs are burdened with debt. The heirs of a person who dies with debt are responsible for settling those debts. The estate is responsible for settling the final affairs (i.e., debts, tax obligations, etc.) of the decedent and the remainder is distributed to the decedent’s heirs in accordance with the decedent’s instructions or state law if there is no will. However, in some circumstances, the heirs can be saddled with the … [Read more...]

Filed Under: Probate //

Don’t Sign A Franchise Agreement Containing These Clauses

Posted on October 9, 2017 //

Many franchise agreements include “deal-breaker” provisions such as insufficient start-up support, liquidated damages clauses, mandatory arbitration stipulations and more. Before signing a franchise agreement, entrepreneurs should carefully review the agreement and be wary of those that contain certain components. A franchise is an independently owned and operated business that is part of a larger network of related businesses under the umbrella of a large parent company. The parent company … [Read more...]

Filed Under: Corporate Law //

Will Estate Tax Be the Death of Your Small Business?

Posted on September 18, 2017 //

While estate tax isn’t necessarily the “death” of a small business, it could result in a significant burden for a handful of small businesses. The estate tax is sometimes levied on an estate upon the death of the decedent. An estate is a collection of assets and monies left behind by someone who passes away. The estate tax is decried by political opponents for causing double taxation because the assets composing the estate are post-tax dollars. Proponents of the tax argue that the estate tax … [Read more...]

Filed Under: Estate Planning //

Due Diligence for Your Growing Business

Posted on September 11, 2017 //

Due diligence is a critical stage in any commercial acquisition. It is the comprehensive and necessary review in a commercial acquisition to ensure that the deal meets the needs of all companies involved. Due diligence involves the rigorous evaluation of a company’s financials, personnel, liabilities, technology, intellectual property, sales, strategic vision, and other operations concerning the health and future of the acquisition. What Is Due Diligence? The composition of a due diligence … [Read more...]

Filed Under: Commercial //

Check With HOA For Defects Before Buying A Condo

Posted on August 21, 2017 //

Homeowners’ associations (HOAs) are valuable resources when checking for possible defects before purchasing a condo. Because the HOA is not incentivized by the possibility of a large payout or to lie, deceive or mislead a prospective buyer, consumers may be able to access more detailed and honest information than they might otherwise. Sellers are incentivized to paper over defects in the building or other issues that are currently being contested because their goal is to sell the unit and move. … [Read more...]

Filed Under: Real Estate //

Treating Children Differently but Fairly in a Will

Posted on August 7, 2017 //

Parents sometimes leave unequal inheritances to their children and just because these amounts are uneven doesn’t necessarily mean they are not fair. Decisions are often based on the needs of adult children, their achievements, major gifts that were already given, and alternative forms of estate planning. The Unequal Situation Parents often create their wills with the current financial situations of their children in mind. The following is an example of a scenario that a … [Read more...]

Filed Under: Estate Planning //

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