Business and Industry Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry including: agency and distributorship, agency law, business and industry, business formation, business law, commercial law, contracts, corporate governance, corporate law, e-commerce, food and beverages law, franchising, industrial and manufacturing, joint ventures, legal economics, marketing law, mergers and acquisitions, offshore services, privatization law, retail, shareholders rights and utilities.
Tax Transformation from Business Tax to Value-Added Tax in China
May 25, 2012 By UB & Co. Attorneys and Counselors
The State Administration of Taxation has issued the Provisional Measures of Applying the Exempt, Credit and Refund Method to Zero-rated Value-added Tax Services in Their Transformation from Business Tax to Value-added Tax under the Pilot Program (the “Provisional Measures”) on April 5th, 2012, which has retrospectively become into effective since January 1st, 2012.
Long Term Care: Home Based and Community Services
May 25, 2012 By Deborah Sexton Law Office, PA
Most people when they think of long-term care think of care in a nursing home. The majority of people only enter a nursing home when their needs can no longer be met outside of a treatment facility. Home based and community services are a range of services that allow people to remain in their homes and retain their independence for as long as possible.
Issues in Social Security – Proof of Marriage
May 25, 2012 By Deborah Sexton Law Office, PA
India and Vance had been married for 27 years at his death. When she turned 62 she applied for widows benefits. Social Security requires as part of the application for Widows benefits that she show proof of marriage. India could not find her marriage certificate. She requested a copy from the Bureau of Vital Statistics in the state where she and Vance were married and was told they had no record of her marriage. What does she do now?
Economic Freedom in Poland
May 24, 2012 By Dudkowiak Kopec Legal Advisors
It is said that the most general polish law concerning the law of economic activity may be found in The Economic Freedom Act of 21st August 2004. Its importance lies in the general rule stipulating that “every business activity is allowed in Poland unless it is not literarily abandoned, restricted or limited by a statute.”
The Stamp War - Shoot Five: Gaylord v. United States
May 24, 2012 By The Harrison Firm, PC
In litigation that already has lasted nearly twice as long as the war itself, volleys are still being fired over the copyright for a portion of the memorial to a war that ended in armistice and not peace. On May 14, 2012, Gaylord v. United States was remanded by the U. S. Court of Appeals for the Federal Circuit to the U. S. Court of Federal Claims for another shot at determining the amount of damages, the fifth courthouse battle in this protracted campaign.
Keep an Eye Out for these Alzheimer's Warning Signs
May 24, 2012 By Deborah Sexton Law Office, PA
The chance that a person will develop Alzheimer's disease increases significantly after the age of 65. Almost one out of every eight people will develop Alzheimer's disease. Though there is currently no treatment for this condition, you can look out for the common warning signs associated with Alzheimer’s. The following are a few examples:
What Happens When You Don’t Update Your Estate Plan - The Stieg Larsson Story
May 24, 2012 By Purcell & Amen, L.L.C.
Stieg Larsson, for those of you who can’t place the name offhand, was a Swedish journalist and right wing political activist for most of his life. He will be remembered though as the author of the novel turned blockbuster movie, The Girl with the Dragon Tattoo. As is the case with many writers, Larsson lived a modest life without acquiring a significant estate up to the time of his death.
U.S. Patent Liability Based on Foreign Sales or Manufacturing - Taiwan
May 23, 2012 By Asia Law
Can a company that does business only in Asia, with all of its manufacturing, sales and deliveries taking place there pursuant to contracts signed in Asia, be held liable for infringement under the U.S. Patent Act? Yes, quite possibly, as explained in this article by an international technology attorney based in Taipei, Taiwan.
What Happens If You Don’t Plan for Your Death
May 23, 2012 By Anderson, Dorn & Rader, Ltd.
We have all heard how important it is to create an estate plan. Despite this, many people put off creating one. We all also know how important it is to discuss funeral plans or burial wishes without loved ones, yet many people also fail to do so. The best way for people to understand the consequences of not preparing properly is often to provide an example of what happens absent preparation. Imagine the following scenario.
Who Needs an Elder Law Attorney
May 23, 2012 By Law Office of Michael Robinson, P.C.
As people continue to live longer and medical science continues to make improvements, elderly people often face a range of legal topics that younger people typically do not have to deal with. Elder law attorneys are lawyers who specialize in knowing how specific areas of the law impact their clients and what people can do to protect themselves as they get older. Let’s take a look at some of the most common areas that elder law attorneys deal with.
International Contracts - Enforceable?
May 22, 2012 By Intercontracts
International contracts usually present a challenge to international traders. This articles gives an overview on enforceability of cross-border agreements. International contracts are still considered to be a complex and mysterious subject for lawyers who do not have experience or training in cross-border transactions. This is even more concerning for business people, to whom the basic principles of contract law, and particularly cross-border contracts, are completely unknown.
New Edition of Catalog for the Guidance of Foreign Investment Industries
May 21, 2012 By UB & Co. Attorneys and Counselors
The Catalog for the Guidance of Foreign Investment Industries (Amended in 2011) (the “Catalog”), which shall come into force as of January 30th, 2012 and replace the old version of the Catalog promulgated on October 31, 2007. The new Catalog includes 473 items in total - 354 encouraged items, 80 restricted items and 39 prohibited items.
Legally Operating a Medical Marijuana Business in California
May 19, 2012 By Law Offices of Ashley C. L. Brown
Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws and confusion about what is and is not permitted. This article provides some general information on this unique area of business law and summarizes some of the major differences and similarities between these organizations and those in other industries.
Prenuptial Agreements Serve Important Estate Planning Function
May 18, 2012 By Frank & Kraft, Attorneys at Law
Prenuptial agreements still get a bad rap. People often crack jokes when talking about them, saying they are for the paranoid, the pessimistic, and the greedy and how unromantic they are. But wanting or signing a prenup doesn't mean you are planning for divorce. In reality, they serve a very important estate planning function, particularly in second marriages. Such agreements can also be made after marriage and are called post-nuptial agreements.
Spendthrift Trusts Protect the Financially Challenged
May 18, 2012 By Frank & Kraft, Attorneys at Law
If you want to leave money to a friend or family member when you die, but are worried about their financial acumen, you might want to consider establishing a spendthrift trust. A spendthrift trust protects people who may be mentally incapacitated or who may waste money by establishing a trust overseen by someone (a trustee) who controls the funds. The beneficiary cannot spend the money before getting a distribution.
Roll Over Your 401K
May 18, 2012 By Frank & Kraft, Attorneys at Law
If you have an employer sponsored 401k and you happen to leave your current job, you’ll probably have some decisions to make about how to handle that money going forward. In most cases if you have $1,000 or less in your 401k, you will probably get that money in the mail within a month or two after you stop working for the company.
How to Create a Family Tree
May 18, 2012 By Frank & Kraft, Attorneys at Law
Creating a Family Tree is a helpful method to guarantee your estate plan encompasses all your wishes for distribution of your property. A comprehensive estate plan includes a Last Will and Testament, Living Trust, Living Will and insurance policies. Depending on your personal circumstances, you may or may not need all of these documents. Each of these documents involves making specific bequests to family, friends or charitable organizations.
Employers’ Rocky Road to Justice - South Africa
May 18, 2012 By Eversheds
In most cases employment contracts are breached by employers giving rise to litigation by employees. In response to such breaches of contract, employees will seek a remedy of reinstatement or compensation. The quantum of damages claimed for by an employee is easy to determine as it will usually be based on the employee's salary. But can the employer sue the employee for damages resulting from breach of contract by the employee?
10 Tips for Drafting Indemnification Provisions - Taiwan
May 17, 2012 By Asia Law
One encounters indemnification provisions so often in so many diverse agreements that it’s almost tempting to regard them as routine boilerplate. To do so would be a big mistake. This article provides valuable tips for negotiating and drafting appropriate contract language. The article was produced by the International Technology Law Blog, a publication of Asia Law, a firm of international attorneys based in Taipei, Taiwan that provides legal services for companies doing business in Asia.
The Asheville Food Truck Industry
May 17, 2012 By Fisher Stark Cash, P.A.
Business is booming in the Asheville food truck industry. It took a little while (about a year) for Asheville City Council to approve the downtown vending. But as of Friday, March 2 food truck owners have their own space in downtown Asheville. “The Lot” is what food truck owners are calling the parking lot located next to the bus station at 51 Coxe Ave.
Can You Trademark a Color?
May 17, 2012 By Fisher Stark Cash, P.A.
This question comes from a lawsuit filed against Yves Saint Laurent America, Inc. by Christian Louboutin. Louboutin is a French shoe designer who is very well known for his collections of women’s high heel shoes with bright red out soles. Most women are familiar with the red soled shoes, and associate the color with the designer. The red soles have become a status symbol, a sign of luxury and wealth.
The Basics of Adult Guardianship
May 17, 2012 By Frank & Kraft, Attorneys at Law
Adult guardianship is a legal proceeding in which a ‘ward’ is found lacking in the capacity to care for themselves and legally authorizes a guardian to make their decisions. Adult guardianship is often required when an elderly person can no longer care for themselves because of declining health, dementia, a stroke or another medical condition. Adult guardianship is a court procedure during which the ‘ward’ is found to be mentally incompetent and lacking the capacity to care for themselves.
Life Insurance
May 17, 2012 By Robert J. Kulas, P.A.
If you’re covered by life insurance, you’re the “insured», and you’re most likely the owner of the policy, too – but not necessarily. In some situations, you might choose to have your spouse, your children, or a trust own the policy. If you’re a business owner, your company might own a life insurance policy on you and your partners to cover the value of your ownership interest in the company.
The Pros and Cons of a Pooled Trust
May 17, 2012 By Robert J. Kulas, P.A.
Everyone knows that long-term care is expensive, and it’s not likely to get more affordable in the near future. Figuring out how to pay for a nursing home or another form of long-term care has become a nagging concern for countless families. What happens if you have too much income or too many assets to qualify for Medicaid, but not enough savings to foot the entire bill for long-term care?
What are the Duties of an Executor?
May 17, 2012 By Robert J. Kulas, P.A.
As you go through the process of planning your estate, one of the things you’ll be asked to do is to name an Executor of your Will. Many people name their spouse or child without giving much thought to what an Executor actually does – and this could be a mistake. The role of Executor is an important one, and it can involve unfamiliar and stressful duties.
How to Leave an Inheritance to a Child
May 17, 2012 By Robert J. Kulas, P.A.
Leaving an inheritance to a child is a little trickier than leaving an inheritance to an adult. After all, if you want to leave money or property to an adult, it can be as simple as saying as much in your will or revocable living trust. Children, however, can’t take control of money or property they’ve inherited – at least not until they reach adulthood. Until that time, they need someone to manage it for them.
Beyond Basics: The Irrevocable Trust
May 17, 2012 By Robert J. Kulas, P.A.
The revocable living trust has become an indispensible estate planning tool in recent years. It gives you the ability to avoid probate. Plan for disability, and keep your personal affairs private, while at the same time offering you the flexibility to remain in full control of your assets. And, for basic estate planning purposes, a revocable living trust is an effective tool.
How Often Should You Review Your Estate Plan?
May 17, 2012 By Robert J. Kulas, P.A.
For example, what if your incapacity planning documents are old and don’t include the appropriate HIPAA language. In the event that you become disabled, your loved ones might have to end up going to court to get the right to make decisions on your behalf. And this is the very thing that an incapacity plan is meant to avoid.
Withdrawing Money from Your Roth IRA
May 16, 2012 By Robert J. Kulas, P.A.
One of the great things about a Roth IRA is that since you fund the account with after-tax dollars, amounts you withdraw from the account are usually tax-free. But not always. Here are the basic rules (keep in mind that there are separate rules for funds converted from a traditional IRA):
How a Power of Attorney and a Revocable Living Trust Work Together
May 16, 2012 By Robert J. Kulas, P.A.
If you have a Revocable Living Trust, you know that it can serve as an essential incapacity planning tool. If you’re ever disabled – through illness or injury – to the point that you can no longer manage your own financial affairs, your Disability Trustee can step in and take over your trust property. However, if a Revocable Living Trust is the only estate planning tool in your incapacity plan, then there are probably gaps that need to be filled.
Hire a Professional Trust Administrator
May 16, 2012 By John M. O'Drobinak, P.C.
Not even the extremely wealthy are immune from basic estate planning mistakes. Time and time again, people name one child as a Trustee. That is a great way to make sure that your other children and heirs will dispute the administration of the Trust. A recent example concerns the estate of Lee Byung-chull who passed away in 1987. In his life, he founded Samsung.
Tax Hikes: The Clock is Ticking
May 16, 2012 By Augulis Law Firm
Procrastination is common as we all live busy lives, and time can get past you in a hurry. If you have been planning on discussing your situation with a good Central New Jersey financial planning lawyer this year you may want to take action because we are already well into 2012.
Why You Need to Plan for Your Death
May 16, 2012 By Law Offices of Barton P. Levine
You may think that there is plenty of time to create and estate plan and discuss funeral and burial wishes with your loved ones, but we never know when tragedy will strike. If it strikes before you took the time to plan for it, you could leave your loved ones in an emotional and financial mess.
Forbes Article Updates Amy Winehouse Estate Details
May 16, 2012 By Frank & Kraft, Attorneys at Law
According to a news piece that is appearing on the Forbes website the late multi-Grammy award-winning pop singer Amy Winehouse died intestate. The article cites probate records as the source of this information. This is indeed news because it flies in the face of earlier reports. The tabloids from across the drink published stories shortly after the death of the mercurial diva praising her stalwart estate planning efforts.
Ubiquity of Dementia Demands Action
May 16, 2012 By Frank & Kraft, Attorneys at Law
Everyone has heard of Alzheimer's disease, a debilitating condition that causes dementia among our nation's senior citizens. People who suffer from dementia can find it difficult to understand certain concepts, and as a result they can find it impossible to make sound decisions for themselves.
Can I Challenge a Will? 3 Questions
May 16, 2012 By Byrd Garrett PLLC
Not just anyone may challenge the validity of a Will. Though state laws differ slightly, all require that you be related to the Will in some manner. Typically, you must be able to show that you would have received more from the decedent, if he or she had died without a Will; or if he or she wrote an earlier Will that left you more than the current Will.
The JOBS Act – Key Provisions You Should Know
May 16, 2012 By Schwell Wimpfheimer & Associates LLP
Last month, President Obama signed historic and far reaching legislation into law – the Jumpstart Our Business Start-ups Act (the “JOBS Act”). The broad impact of the JOBS Act effects companies – whether private or public, domestic or foreign – as well as capital raises, the IPO market, and more.
Social Security: A Safety Net, Not a Cure All
May 16, 2012 By Esther Wang - The Elderly and Disability Law Firm
When you are young time seems to pass slowly as you anxiously await certain benchmarks. For example young people will look forward to the day when they can start high school and then get a driver's license and it can seem to take forever. On the other hand, many people will tell you that as you age time starts to pass by very quickly.
Why Parents with Young Children Need an Estate Plan Immediately
May 16, 2012 By Deborah Sexton Law Office, PA
Reason 1: Your children will need a guardian if you should die. Becoming a parent changes you, especially when you realize that your children are entirely dependent on you. With this realization also comes the knowledge that if you and the other parent should die, your children will have to be cared for by someone else. But who will take on this role?
Recognized Incorporated Cell Companies - Malta
May 16, 2012 By Zammit & Associates
On the 17th April 2012, the Companies Act (Recognized Incorporated Cell Companies) Regulations were incorporated into Maltese law by virtue of L.N. 119 of 2012. The said Regulations are supplemented by the MFSA Investment Services Rules for Recognized Incorporated Cell Companies (“RICC”) and Incorporated Cells which have been integrated into the existing MFSA investment services regulatory framework.
A Last Will Can Lead to Asset Erosion
May 15, 2012 By The Law Offices of Saul Kobrick, P.C.
It would be logical to assume that you can leave behind financial resources to your loved ones without losing money in the process. However if you do not plan your estate carefully your legacy may well be eroded as it is being passed on to your heirs. One source of asset erosion is probate.
When You Pass Away Can Make a Lot of Difference
May 15, 2012 By The Law Offices of Saul Kobrick, P.C.
There are a number of things about the Federal estate tax that do not seem fair to many observers. One of them is the fact that it is a tax that is imposed on resources that are still in your possession after you paid taxes. They are not subject to more taxes by virtue of their very existence while you are alive. But the event of your death is somehow viewed as a taxable one by the powers that be.
Pragmatic Decisions Are Necessary
May 15, 2012 By The Law Offices of Saul Kobrick, P.C.
Every family dynamic is unique and the level of communication that exists among family members is going to vary on a case-by-case basis. Some families have very frank and open lines of communication and this can be helpful when you are considering the implications of the aging of a family member.
Payable on Death Accounts: Simple, but Limited
May 15, 2012 By The Law Offices of Saul Kobrick, P.C.
You may hear about payable on death accounts and walk away thinking that these accounts are an ideal estate planning solution. After all, simply adding a beneficiary who would assume ownership of resources left in the account after you die is a pretty efficient solution.
Stepping Up on Corporate Governance of Listed Issuers in Hong Kong
May 14, 2012 By Angela Wang & Co
In line with the trend towards higher level of corporate governance and more accountability of listed issuers and their directors in many other countries, the Hong Kong Stock Exchange (the “Exchange”) released its Consultation Conclusions on Review of the Corporate Governance Code (“Code”) and Associated Listing Rules (the “Conclusions”) on 28 October 2011.
Don't Expect too Much from Social Security
May 14, 2012 By Law Office of Roy W. Litherland
Statistics indicate that a high percentage of people who are approaching retirement age are simply not ready, and many seniors will never be able to retire. If you ask each individual who is unprepared how he or she got into this predicament, you will get a variety of different answers. But without question, a lot of people find themselves lacking because they expected too much from Social Security and Medicare.
Founders Preserving Facebook Riches
May 14, 2012 By Law Office of Roy W. Litherland
Mark Zuckerberg and Dustin Moskovitz are two young men who are in possession of some extraordinary wealth. The Facebook founders are in a position where they have to look for ways to preserve considerable financial resources beyond their own lives. There can be significant tax consequences that go along with gift giving and asset transfers after death, so careful planning is key.
Addressing the Realities of Probate
May 14, 2012 By Law Office of Roy W. Litherland
Far too many people go through life without executing the appropriate estate planning documents. The reasons why they procrastinate vary but one reason is the misconception that it is a very simple matter that can be handled at any given time. You simply jot down your final wishes, call it a last will, and the matter is closed.
3 Questions about Beginning a Probate Case
May 14, 2012 By Deborah Sexton Law Office, PA
The probate process governs what happens to all the property a person owned after that person dies. Each county usually has a probate court that is set up to deal with these property questions. Though each state and even each county, has a slightly different procedure for probate cases, all of them require the same basic process. To begin, someone has to go before the court and file a petition.
Probate School – How a Probate Case Begins
May 14, 2012 By John R. Vermillion & Associates, LLC
Probate law is often one of the more misunderstood, and even feared, areas of the legal system. Not to worry. The probate process itself is based on some very simple ideas. Let’s take a look at how a case begins.
Young Families Need an Estate Plan Right Now
May 14, 2012 By John R. Vermillion & Associates, LLC
Whether you are a newly married couple, a couple with young children, or a blended family with children from a previous relationship it's important for you to begin your estate planning efforts immediately. While many people believe that estate plans are only for the elderly, parents with young children are in a much greater need to develop a plan because the children rely on you so much. Here are two key parts to your estate plan you need to address soon.
Lottery Pool Group Given Equal Portion of Winnings
May 12, 2012 By Ferrer Shane, PL
A New Jersey jury recently gave $20 million to a group of co-workers who were part of a lottery pool gone sour when one member tried to hide the winning ticket. Money does strange things to people. Every day, many Florida citizens spend a few of their hard-earned dollars on lottery tickets hoping to win big. When jackpots rise, even more people play – sometimes chipping in with friends or co-workers with the hope of increasing the odds of winning.
The Consequences of Not Planning for Your Death
May 12, 2012 By Purcell & Amen, L.L.C.
Millions of Americans have not taken the time to sit down and create a comprehensive estate plan. In addition, a shocking number of Americans have also not sat down and discussed their funeral and/or burial wishes with loved ones. If you are one of those people, stop and consider the consequences of not doing these things now, before it’s too late.
Considering Digital Tombstones
May 12, 2012 By Byrd Garrett PLLC
As part of your legacy planning efforts, you may wish to consider digital tombstones. What are digital tombstones? Essentially they are websites that allow you to assemble your personal information in one place, so your family and friends can visit it when they wish. If you're considering using such a service, there are several issues you will want to consider.
Challenging a Will – 3 Questions
May 12, 2012 By Raymond J. German, Ltd
Answer: Maybe. In order to challenge a Will you must have “standing,” the legal right to challenge a will in court. In order to have standing you must typically have stood to receive more from the deceased person either through a previous Will or if that person had died without leaving any Will at all. Essentially, in order to have standing you must stand to receive more if you win the Will challenge and a court declares the Will invalid.
Mistakes in Estate Plans
May 12, 2012 By John M. O'Drobinak, P.C.
People like to do things for themselves. We all think that we know what we need to do and what is in our best interests. However, if you try to make your own estate plan instead of seeking the advice of an experienced attorney, you are likely to make some serious mistakes.
Estate Planning Myths – Your Will and a Notary
May 12, 2012 By Law Offices of Cheryl David
There are a lot of common misperceptions floating around out there when it comes to Wills. Though a Will is a very important legal document the law does not require you to get official state approval or recognition by having it notarized. Let’s take a look at what you do and don't need when it comes to making a Will.
Common Questions about Estate Planning for Pets
May 12, 2012 By Law Offices of Cheryl David
For pet owners, your estate plan should allow you peace of mind in knowing that you have provided for pet care after your death. A good estate plan will ensure that your pet will be properly cared for in the manner you choose, and will often involve a pet trust. Let’s take a look at some common questions about pets and estate planning.
Estate Planning When Shacking Up – 2 Tips
May 12, 2012 By Robert J. Kulas, P.A.
According to recent survey data, less than half of Americans 18 and older are married. For unmarried or cohabiting couples, estate planning is significantly different than it is for married couples. Whether you've been living together for years and have no intention of getting married, or simply want to take precautions in case the unthinkable should happen, here are three tips you can use if you are a cohabitating couple with concerns about estate planning.
How the Heck Do I Start a Probate Case? 3 Tips
May 12, 2012 By Robert J. Kulas, P.A.
If you've experienced the death of a close family member, you may have to soon confront the prospect of beginning the probate process. Though the process is slightly different depending on where you live, beginning a probate case involves several key steps and requirements.
Feeling Conflicted about Seeking Guardianship of a Parent? Here’s Why You Shouldn’t
May 12, 2012 By The Law Offices of James A. Miller
For any adult child who is facing the decision whether or not to petition to become his parent’s legal guardian, feelings of conflict are normal. Being appointed as your parent’s guardian is the ultimate in role reversal. Many adult children feel as though seeking guardianship means taking away your parent’s independence. Concerns that you may be over-reacting are also common.
Estate Planning Uncertainty in an Election Year
May 12, 2012 By The Law Offices of James A. Miller
Creating a comprehensive estate plan is a complicated undertaking and requires a thorough understanding of all the myriad tax laws that will impact your plan. This can be difficult under normal circumstances. In an election year, it becomes increasingly difficult as the fate of many tax laws is uncertain. This is not, however, the time to become complacent. Doing nothing could cost you a substantial amount in taxes.
Are Estate Planning Documents Public Record?
May 11, 2012 By The Law Offices of James A. Miller
In recent years, the rate at which technology has developed is mind boggling. Just a generation ago, the internet was virtually non-existent. Today almost anything can be located and viewed on the internet, giving rise to privacy concerns for many people. Are your estate documents public information?
How to Handle an Unexpected Inheritance
May 11, 2012 By The Law Offices of James A. Miller
If you recently received a letter or a telephone call telling you that you just inherited a small fortune from a long lost relative you probably feel as though you just hit the lottery. The next thought is likely “What do I do with the money? If you are already financially secure, then you can probably answer that question yourself.
What Do I Need to Do After the Death of a Family Member?
May 11, 2012 By The Law Offices of James A. Miller
We all hope never to need to know the answer to that question; however, if you do find yourself in the position of trying to figure out what practical steps need to be taken after the death of a loved one. It is good to know where to start. Often, the emotional impact of a death prevents us from thinking clearly. While each death may require unique steps, there are some universal steps that most people find must be taken.
Protecting Your Elderly Family Members -- Signs of Elder Abuse
May 11, 2012 By The Law Offices of James A. Miller
The vast majority of us will need to entrust an elderly family member’s care to a stranger at some point in time. This may be for anything from a monthly home visit by a caregiver, to full-time, around the clock nursing home care. Unfortunately, statistics tell us that elderly Americans are also being abused, neglected and generally taken advantage of at an alarming rate.
Only an Attorney Can Create Your Estate Plan
May 11, 2012 By Law Offices of Richard B. Schneider, LLC
It is generally true that you might be able to use the services of a non-attorney for your important estate planning documents and end-of-life plans. But is it wise to do so? Absolutely not. Not only are people and companies who offer these services often breaking the law, they are also often not serving your best interests.
The Conservatorship of Britney Spears
May 11, 2012 By Law Offices of Richard B. Schneider, LLC
How many people not named Britney does it take to manage Britney Spears' affairs? It turns out that the answer might be two. Recently, a court approved her fiancé as a co-conservator in charge of her day-to-day affairs. Her father has been her conservator since 2008 and will also continue in that capacity.
Estate Planning and Taxes -- Why the Two Go Hand in Hand
May 11, 2012 By Anderson, Dorn & Rader, Ltd.
When most people make an appointment to sit down with their estate planning attorney, they have given some very serious thought to how they want their assets to be distributed upon their death. If you are like most, you have done this as well as thought about the need to provide for your family in the event you die an untimely death. These are the things that most people think about when it comes to estate planning.
Advanced Age Can Bring Dementia With It
May 11, 2012 By Augulis Law Firm
It may be human nature to avoid subjects that are not especially pleasant, and this is one of the reasons why people often procrastinate when it comes to incapacity planning. Though it is not hard to understand why someone may prefer to avoid the topic, if you do you are putting yourself and your family members in a vulnerable position.
Planning for Dementia
May 11, 2012 By Davidov & Davidov, P.C.
Most people have watched an episode of 60 Minutes at some point in their lives and are familiar with Mike Wallace who recently passed away at the age of 93. Wallace's son recently stated that his father suffered from dementia before he passed away. It’s never easy watching a family member who has dementia. It’s particularly hard when the proper planning has not been done before the family member gets dementia.
Hiring Professionals to Serve as Trustees
May 10, 2012 By Law Offices of Richard B. Schneider, LLC
If you are afraid of your family fighting over your estate in Probate Court, an estate planning attorney has ways to help alleviate that concern. The most important way for many people is to use a Revocable Living Trust, because the assets in the Trust do not have to go through the Probate process. However, you should be aware that a Revocable Living Trust does not stop all interfamily legal fights.
Talk to an Attorney after Receiving an Unexpected Inheritance
May 10, 2012 By Law Offices of Richard B. Schneider, LLC
Receiving an unexpected inheritance can sometimes feel a lot like winning the lottery. Suddenly, you have assets that you did not plan on having. Before making plans to spend any of the inheritance, there are several reasons that you should visit with a probate attorney.
Regulatory Compliance for Medical Practices
May 10, 2012 By Matt Dickstein - Business Attorney
In this article, I give you a quick overview of the major regulatory compliance areas for physicians and medical practices, namely: 1. Referral Laws -- Anti-Kickback and Stark Self-Referrals 2. Billing Medicare and Other Payers 3. HIPAA 4. Supervision of Staff 5. Test Case -- Sharing Offices with other Health Care Providers
Legal Compliance Checklist for a Medical Corporation
May 10, 2012 By Matt Dickstein - Business Attorney
In my last article, I ask the threshold question, Should you incorporate your medical practice? In this article, I give you a legal compliance checklist for your medical corporation. Incorporating a medical practice can feel overwhelming. There are so many unknowns to cause you anxiety. I write this checklist to fill in the unknown. This checklist gives you a bird’s eye view of legal compliance for your start-up medical corporation.
Should You Incorporate Your Medical Practice?
May 10, 2012 By Matt Dickstein - Business Attorney
In this article I answer the question, should you incorporate your medical practice? What are the costs and benefits of forming a medical corporation? It’s a tough question. The answer depends on a balancing of different factors. Most of us suffer information overload not long after starting this analysis. All of the factors start swimming around in our minds and we don’t know what to think.
Termination Clauses in Physician Contracts
May 10, 2012 By Matt Dickstein - Business Attorney
Termination is the most important provision in a Physician Employment Contract and a Physician Contractor Agreement. Your exit from the relationship is crucial -- everything must end, and most things will end bad, so be prepared. This article explains termination provisions and the consequences of termination of the contract.
The NCA and “Large” Agreements – South Africa
May 10, 2012 By Eversheds
In the matter of Silver Falcon Trading 333 (Proprietary) Limited v Nedbank Limited 2011 SACLR 44 (KZP), the court ruled on the application of the National Credit Act (34 of 2005) to large agreements concluded with consumers who are juristic persons.
Avoid Family Conflict by Hiring an Estate Attorney
May 9, 2012 By John M. O'Drobinak, P.C.
Estate plans can have many different goals. At a minimum, an estate plan sets out what will happen to your assets after you pass away. One thing you should consider when creating your estate plan is the potential for conflicts between your family members over your estate and how you can minimize that potential. Hiring an estate planning attorney can lessen the potential for conflict.
You Probably Need More than Just a Simple Will
May 9, 2012 By John M. O'Drobinak, P.C.
Most people are aware that they should have some legal documents that state what happens to their property when they pass away. You probably know that you can state who gets your property in a Will. However, you may not know that a Will might not be the best tool to use to dispose of all of your property and that it is just one document out of many that you might want to use.
Your Boca Raton Car Accident Lawyer Warns of the Dangers of Tailgating
May 9, 2012 By Shiner Law Group
Broward County, Florida – The Florida legislature, with the full support of Florida governor Rick Scott, recently amended the laws governing Personal Injury Protection (PIP) benefits under Florida’s motor vehicle No-Fault law. The changes will become effective January 13, 2013.
How a Foreign Employee Starts His Work in China?
May 8, 2012 By WiseLink Law Firm Shanghai
A foreigner and the potential employer should get proper permit before the foreigner starts his work in China. This article also give some basic guidance for the legal issues about the employment contract.
Double Tax Treaties in Cyprus
May 8, 2012 By Michael Chambers & Co. LLC
The Cyprus government’s fiscal policy clearly embraces tax incentives for foreigners, which act as a considerable inducement for those wishing to conduct international business on the island. One of the simplest indicators of this intention is the high number of double taxation treaties that Cyprus has executed with other countries.
When to Make an Estate Planning Change – 3 Key Moments
May 4, 2012 By Byrd Garrett PLLC
Anyone who welcomes a new child should always update his or her estate plan as soon as possible. Not only will you want to make provisions in your plan to care for your child financially if you should die prematurely, but you should also name a guardian. Also, if you created an estate plan when your child was first born and the child has since grown older, you will probably want to review the plan to make sure your choice of guardian is still appropriate.
Who Will Watch Over My Pet After I'm Gone? 3 Questions about Pet Trusts
May 4, 2012 By Byrd Garrett PLLC
A pet owner who creates a pet trust ensures that his or her pet will be cared for after the owner dies. A pet trust is a legal entity that owns property for the benefit of your pet. You create this trust by detailing what you want to trust to do after you die and include those terms in your last will and testament or living trust, or by creating the trust to take effect while you are still alive.
Don't Be Fooled by Estate Tax Changes
May 4, 2012 By Duffy Law Office
With the recent changes to the estate tax, many people have become confused about estate planning. Unfortunately, a lot of the confusion is because people have misinterpreted the changes to the tax. It has some people thinking that the increase in the estate tax exclusion limit means that they do not need to plan for their estate at all. Nothing could be further than truth.
Wrongful Death Claims
May 4, 2012 By Law Offices of Barton P. Levine
When you lose a loved one, the grief is immeasurable. If you lost a loved one and you believe that someone else was at fault, it can add anger to the flood of emotions you are likely already feeling. It can also require you to do a number of legal things at the same time following the death.
Plan for a Nursing Home Now
May 4, 2012 By The Hartley Law Firm
Have you ever considered what might happen to your assets if you have to go into a nursing home for a long term stay? Nursing home care is extremely expensive.The time to plan for it is long before you will ever possibly need it. Waiting until you are sick is too late. Medicaid will pay for long term care in a nursing home.
A High Estate Tax Level Does Not Mean You Don't Need a Trust
May 4, 2012 By The Hartley Law Firm
With the current Federal estate tax limit being at a higher than normal level, some people think that a Revocable Living Trust is no longer a necessary part of a good estate plan. They argue that a Will is all you need. Unfortunately, those people are also often interested in selling you a simple Will form and they are not looking after your interests.
3 Common Questions About Internet Memorials
May 4, 2012 By Law Offices of Cheryl David
A digital memorial is an online service that allows you to create your own obituary, tombstone, or other type remembrance. Unlike a tombstone, your Internet memorial remains online so anyone can visit it at any time. It also allows you to post photographs, videos, and other documents that a tombstone or monument does not allow for.
Three Questions about Digital Remembrances
May 4, 2012 By Robert J. Kulas, P.A.
For many people, how you are remembered after you die it as an important part of your estate plan as ensuring your property will pass to your heirs with as few problems and costs as possible. Today, there are several companies that offer the ability to create a “digital tombstone” or other form of digital remembrance. Here are several questions about Internet legacy planning.
Elder Law Primer – What is Elder Law?
May 4, 2012 By Robert J. Kulas, P.A.
As you get older, different laws have a greater or lesser effect on your life. Elder law is simply a phrase used to describe all the legal issues that affect people as they age, retire, and die. Let's take a look at some of the more common issues that elder law attorneys deal with.
Are Estate Planning Documents Public Record?
May 3, 2012 By Timothy P. Murphy - Estate Planning Counselors, LLP
We all know how important our estate plan is. For most of us, it is equally private. The information contained in your estate plan contains some of the most personal decisions and choices you will make during your lifetime. Often, those decisions and choices could lead to family controversy or conflict if made public. If you nominated your best friend instead of your brother to be the Executor of your Will, for example, your brother may not be happy about it.
How to Handle an Unexpected Inheritance
May 3, 2012 By Timothy P. Murphy - Estate Planning Counselors, LLP
While some of us may have a fairly accurate idea of our parent’s financial situation, the majority of us do not. Even if you know what your parents are worth, you likely have no idea what your grandparents or more distant relatives are worth. That can sometimes lead to a telephone call or letter informing you that you have just inherited a considerable amount of money. So now what?
Government Regulation No. 47 of 2012 on Social and Environmental Responsibility of Limited Liability Company - Indonesia
May 3, 2012 By Leks & Co
Background - The purpose of the issuance of Government Regulation Number 47 of 2012 on Social and Environmental Responsibility of Limited Liability Company (“GR No. 47/2012") is to implement the provisions of Article 74 of Law Number 40 of 2007 on Limited Liability Company (“Company Law”) and Article 15 letter (b) of Law Number 25 of 2007 on Capital Investment (“Capital Investment Law”) on Corporate Social Responsibility (“CSR”).
Estate Planning Uncertainty in an Election Year
May 3, 2012 By Timothy P. Murphy - Estate Planning Counselors, LLP
Estate planning is a complicated endeavor under the best of circumstances. In an election year, uncertainty surrounding tax laws can further complicated the process of estate planning. This year, numerous critical tax laws are set to expire and/or may be subject to change depending on the results of the election in November.
Battle of the Wills - What Happens When More than One Last Will and Testament Turns Up
May 3, 2012 By Timothy P. Murphy - Estate Planning Counselors, LLP
Imagine that you receive news that your 104 year old great-aunt has recently passed away after spending the last 20 years of her life living in a care facility with virtually no contact with her family. Your aunt’s Last Will and Testament, signed six years ago, that is presented to probate allegedly gives the majority of her multi-million dollar fortune to her private nurse and a museum she creates in her Will.
Preserving Wealth - A Concern for Facebook Founders
May 3, 2012 By Frank & Kraft, Attorneys at Law
If you have more money than you're going to be able to spend during your lifetime you have to consider tax efficient asset transfers. Clearly Facebook founders Mark Zuckerberg and Dustin Moskovitz are in this situation. And, they are also in possession of shares that are going to increase in value dramatically when the company goes public.
Don't Give Large Gifts Without Legal Counsel
May 3, 2012 By Frank & Kraft, Attorneys at Law
You have to be extremely careful about giving gifts of significant value in light of the looming threat of the federal gift tax. Right now this tax carries a 35% rate, and if this was not high enough it is scheduled to rise to 55% at the beginning of 2013.
Estate Planning for Pets – Questions about Pet Trusts
May 3, 2012 By Deborah Sexton Law Office, PA
A pet trust is a legal entity you create by creating a document that includes specific and legally required terms. If you use your Will to establish the trust, it will be created after you die, though you can also create a trust outside of a Will that becomes effective immediately. Once created, the trust owns property and uses it for the benefit of your pets.
