Legal-Ease: Longer lives and special needs trusts

For many people, it can be a struggle when the need for long-term care arises later in life. Medicaid is often the tool used to avoid having to pay out-of-pocket for long-term care. But to be eligible for Medicaid, a person must be almost completely impoverished. 

There are several tools available to shield assets so that an individual can become Medicaid eligible. The tools normally involve an individual giving up either all ownership, partial ownership or control of assets. 

Legal-Ease: Citizen’s arrests lawful with conditions

Citizen’s arrests can happen lawfully, but only in certain situations. Citizen’s arrests usually only arise in a few different situations. Many people accused of kidnapping claim citizen’s arrest to defend themselves against the allegation. Sometimes employees detain people for theft of items at a store where they’re working. And finally, in some real estate disputes, people will attempt to detain others for unlawful presence on property. 

Legal-Ease: Enforceability of promises and gifts

Gifts and the law have a long history together. Some promises are actually enforceable against the person making the promise. To be enforceable, a promise must either include some reciprocal promise or be reasonably relied upon by the receiver in a way that causes harm or damage to the receiver. The multiple conditions that are […]

Legal-Ease: How significant is the error in this document?

Simple, unintentional errors like writing the wrong date are common in documents. Fortunately, the law provides some ways to ignore or correct unintentional errors in important documents. 

Errors in documents are typically characterized as either substantive or non-substantive. Non-substantive errors in documents make a document inaccurate, but wouldn’t change what the document does when corrected. Substantive errors in documents literally alter what a document does. 

Legal-Ease: Where exactly is my property line?

While it would seem that real estate should be objective, sometimes it can be subjective or inconsistent. Boundary lines should be easy to measure, but as recently as even a century ago, property descriptions used trees and other items to explain where a property line was. 

Legal-Ease: Saving money and natural resources

Over the last few decades, conservation of our natural resources has become more popular. Even the most cynical people are beginning to accept that human activity is having at least some impact on the planet. 

The government program over the last few decades that most encouraged natural resource conservation in rural areas has been the Conservation Reserve Program. The CRP is administered by the USDA. 

Land enrolled in CRP or similar government programs results in government payments in exchange for landowners agreeing to not commercial farm or develop specific land. 

Legal-Ease: Ownership, liability are not the same

It may seem difficult to decide what a business should own versus what should be owned personally. Ownership and liability can be confusing at times. For instance, if a truck is used by a contractor while doing construction work but also used to pick up children from daycare, should that truck be owned by the business or the individual? 

Legal-Ease: Good buy-sell agreements address four questions

While some may assume planning for a business’ end means that the business owners are expecting the business to fail, it really means that the business is prepared. One of the most important tools to have in place when entering business ownership is a good buy-sell agreement. 

A good buy-sell agreement is effective when it answers these four questions: 

Legal-Ease: Estate planning can be an amazing gift to others

Estate planning can be one of the best gifts you leave behind for friends and family. Not only can you decide what gifts you will leave your loved ones through estate planning, but having an estate plan in place usually saves family or friends time and money. 

From a practical standpoint, here are the four estate planning documents that should be prepared before death: Last Will and Testament, a power of attorney for finances, a power of attorney for healthcare, and a living will. 

Generally, the best estate plans are prepared by local attorneys. Documents that are prepared based upon information found online often cause more difficulties for friends and family post-death.