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Category: Estate Planning Myth

Should you update your trust?

Should you update your trust?

If you already have a trust, you should be commended for your wise planning. However, as time passes and laws change, it makes sense to review and update your trust to ensure that it remains consistent with your goals. I spend a significant amount of my time each week reviewing legal documents drafted by other attorneys (and sometimes […]

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Single Member LLCs–what, why and when?

Single Member LLCs–what, why and when?

What is a single member LLC and why would you want one? We have previously written a fair amount on LLCs generally, including what they are and why they can be useful legal entities. This post will focus on single member limited liability companies. As the name indicates, a single member LLC has one owner–and […]

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lenders and LLCs–rental property stuff

lenders and LLCs–rental property stuff

It is usually a good idea to own rental property through an LLC. As the name suggests, an LLC is designed to limit liability. Think of a limited liability company as a legal liability firewall vehicle. In other words, if some sort of legal claim arose from the operating of your rental property (say a […]

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The Special Needs Fairness Act is a welcomed change!

The Special Needs Fairness Act is a welcomed change!

Before this new law, there was a mistaken legal presumption law that disabled persons always lacked mental capacity to manage their own affairs.  While this is true in some cases, it is certainly not true in all situations. This new law is an excellent change in favor of the rights of disabled individuals. The US […]

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Business Buy-Sell Agreements: Mistakes to Avoid (Part 1)

Business Buy-Sell Agreements: Mistakes to Avoid (Part 1)

If you are the owner of a family business or other closely held business, not having a buy-sell agreement may be a big mistake. Let’s get this out of the-way–I am a business law attorney who gets paid to work on things like buy-sell agreements.  Therefore, it is no surprise that I am talking about why […]

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the similarities between knives and powers of attorney

the similarities between knives and powers of attorney

Are knifes dangerous or useful instruments? That depends on how they used and for what purpose (and by whom). Most of us would not see a typical kitchen knife and immediately have feelings of panic and fear.  We understand that kitchen work often requires the use of knives.  And it is difficult in most instances to prepare […]

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begin with the end in mind–Covey’s wise counsel applies in business arrangements

begin with the end in mind–Covey’s wise counsel applies in business arrangements

At the outset of a promising business venture, nobody wants to think about how it will eventually end. However, that is exactly the time to consider such things.  Perhaps too somber a thought for a Monday morning, but the reality is that “all good things must come to an end”.  On the bright side, the […]

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rules to govern the LLC–why a customized operating agreement matters

rules to govern the LLC–why a customized operating agreement matters

Each business partner should have a clear understanding of the rules which govern the business relationship.  For an LLC, such rules are normally contained in an operating agreement. This documents should be written to address the unique needs of your business arrangement. Imagine you are visiting a foreign land.  You don’t speak the language and you have no […]

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Protecting your assets with an LLC; a legal firewall

Protecting your assets with an LLC; a legal firewall

As the name would suggest, a limited liability company is designed to limit liability–it is supposed to function as a legal firewall. There are many purposes for LLCs in today’s world of business, law, tax and accounting work, but these nifty legal entities were originally designed to serve asset protection and liability limiting functions. If all goes according to […]

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variations on a common theme–assets outside a trust

variations on a common theme–assets outside a trust

A Trust can be compared to a safe, a barn or some other type of protective structure. Each of these protects and preserves only those items within. This is a common theme about which we have written and spoken many times previously. Even so, while answering public inquiries on an internet Listserv earlier today, I was […]

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