– Legal Insights –
If you are expecting an inheritance, an estate planning tool known as a trust may prove useful, depending on your circumstances. Among the numerous types of trusts aimed at fulfilling different estate planning purposes, an inheritor’s trust is specially designed to help protect an inheritance. Purpose of an Inheritor’s Trust...
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Many community associations struggle with how much money to reserve for the future replacement of components. An association establishes an annual budget using the estimated expenses required to operate over the coming year. If the association is responsible to replace a component, e.g., roofs, siding, etc., then a replacement reserve...
In our previous newsletter, discussion was had about a number of points to consider when completing repairs of issues that may arise. As winter turns into spring (hopefully!) it can often lead to other issues arising, including water leaks, ice dams, etc. It is important to consider the items listed...
From time to time, I hear members of an association referred to as “tenants,” and hear of members’ requests to an association to fix an appliance or clean a carpet in their homes. Often, such statements are made by owners new to an association—often those coming from apartment-style living. Those...
I was recently reminded just how important it is to protect hard earned assets when my 87 year old client, whom we’ll call Carol, was in a car accident with another vehicle. She was badly injured as was the other driver and his passenger. Fortunately, everyone survived. However, the other...
Businesses in the construction industry have historically relied heavily upon independent contractors to perform work. While it is sometimes clear that a party is a true subcontractor, such has hiring ABC Plumbing, Inc. or 123 Electric, LLC, it is equally as common to misclassify laborers who are legally employees as...
The financial abuse and exploitation of people over 60 is becoming an epidemic. According to the Federal Trade Commission, fraud complaints by seniors grew by over 150% from 2008 to 2012. The Investor Protection Trust reports that 20% of those over 65 have been financially abused and Met Life reports...
In the recently enacted “Tax Increase Prevention Act of 2014,” Congress has once again extended a package of expired or expiring individual, business, and energy provisions known as “extenders.” The extenders are a varied assortment of more than 50 individual and business tax deductions, tax credits, and other tax-saving laws...
With winter fast approaching, many homeowners’ associations will be facing physical issues with their properties that will require action in one way or another. In the fall, issues can often result from seasonal rains causing roof leaks, siding leaks, or various other water leaks. In addition, as the weather turns...
If drafted and used properly, a confession of judgment (“COJ”) is a unique and powerful way to ensure that a debtor performs under a forbearance or settlement agreement. If drafted and used improperly, then a creditor could become embroiled in needless litigation. Furthermore, a properly drafted COJ increases the value...
Most websites contain Terms of Use intended to limit permissible behavior by the website’s users and to manage legal risks from any user interaction with the website, including liability for data breaches. This is typically accomplished through restrictions on use, warranty disclaimers, user indemnity obligations for intellectual property infringement, limitations...