A question that often comes up in estate planning is how in-laws should be treated, especially daughters-in-law and sons-in-law. This should be addressed in each individual situation as there’s not an easy answer to the in-law question in estate planning. Some things to consider are whether this is the first marriage for the spouses, how long the couple has been together and if there are kids from previous relationships. Most often people do not include their in-laws in their estate planning as they prefer their family assets to stay within the family.
Legal-Ease: Perfect tender, when a Pepsi is a Coke
In the legal world, the use of a brand name sometimes can include non-brand name substitutes.
In 1921, New York’s top court clarified a law that has been adopted nationwide regarding a brand name being used to describe an entire line of products. In the case, the court ruled that some contracts and agreements should be interpreted practically and not always necessarily literally.
Legal-Ease: Protection against fraudulent transfers
A few days before the attack in Orlando, the terrorist sold his house for a family member for only $10. He apparently knew there would be major financial assertions made against his estate, so he attempted to give away much of his assets. However, this house sale is considered to be a fraudulent transfer.
Legal-Ease: Representing clients accused of bad things
People have a constitutional right to an attorney, and if they can’t afford an attorney, the government will pay for a lawyer for them. Everyone has a right to be defended, and this helps us know that we are only punishing people whom we know to be guilty. Some are criticizing Hillary Clinton for defending a man in 1975 who was accused of raping a 12-year-old girl, but he was provided the right to an attorney as part of the constitution. This guaranteed right to an attorney is an important piece of our society that allows it to function.
Legal-Ease: Extra insurance or LLC? Both
While it may seem logical to get more insurance rather than establishing an LLC, it’s clearly improper once someone understands the true purpose of a limited liability company. Most businesses should have both good liability insurance as well as a complementary business structure to go with the insurance. It’s best to think of an LLC as being insurance beyond traditional insurance. LLCs offer protection in the worst situations when traditional insurance would cover only part or none of the damage.
Legal-Ease: Going through probate
Probate is how the law is set up to make sure that a deceased person’s bills are paid and that their remaining assets go where they were intended to go by the deceased person. When someone dies, it presents an opportunity for someone to either steal or misinterpret their intentions. A way to understand probate is to think of the two people who will represent the deceased after they die. The first person is the probate judge, who could be thought of as the person’s brain. The second person is the executor or administrator, who could be thought of as the arms and legs in actually moving ownership or possession.
Legal-Ease: Thinking like a lawyer
Thinking like a lawyer requires analyzing situations in the context of laws and deciding whether they do or do not apply to that particular situation. To think like a lawyer requires four main attributes: separating situations into distinct parts, thinking without emotion, using logic, and analyzing situations from different perspectives.
Legal-Ease: Water and sewer service for your new house
When building a new home, water and sewer services are pretty important pieces to have in place early. If the land you choose to build your home on is adjacent to public water and public sanitary sewer lines, some of the initial hurdles are already out of the way. If the land is not near water and sewer service lines, a water source needs to be found, such as a well or a pond. The biggest hurdle, however, is sanitary service. There are strict regulations surrounding sanitary sewer systems, and it’s up to local health departments to fill in the regulations’ gaps.
Legal-Ease: Nursing home planning usually includes Medicaid planning
As Americans are living longer than ever, the need for long-term healthcare continues to grow. Within 25 years from today the cost of living in a nursing home could be as high as $200,000 per year. Many people save money to pass on to their children and grandchildren, but it’s easy for that saved money to be quickly spent on living in a nursing home or assisted living facility. Fortunately, there are some options when planning for a potential move to a nursing home.
Legal-Ease: Clearing brush can lead to permanent government program ineligibility
Landowners who clear brush may be permanently ineligible for some government programs that are administered through the USDA. Before removing anything from their land, landowners should contact their local Farm Service Agency to be certain that the property being cleared isn’t a wetland. Federal law says that any conversion of wetlands to cropland could make the converting party ineligible for participation in all USDA programs.