What is a Deathbed Will?

The approaching specter of death is something people often avoid, either by not making an estate plan or not updating their estate plan. Then, when it is near, it suddenly becomes necessary to make updates or changes to the plan. Often, these changes are due to family circumstances (those kids your last will left in…

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Handling Whistleblowers During Ongoing Litigation

Many businesses find themselves facing lawsuits when someone on their staff reports a perceived wrongdoing to a government agency. This whistleblower or qui tam litigation that your business is faced with can be costly and time-consuming to resolve. Depending on the severity of the accusation, you may first be dealing with investigators from the relevant…

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Trusts, Estates, and Capacity Issues

When someone comes into our office to start or update their estate plan, one important item that our attorneys are considering is whether they are mentally competent to make these decisions. Someone must have testamentary capacity in order to make a valid will, meaning that they are of sound mind and have an understanding of…

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Contesting Administrative Rulings

Often when dealing with administrative agencies such as workman’s compensation, unemployment, and other government-run programs, you must work with the agency to handle disputes. There is a process for each federal and state agency to handle disputes that must be followed before you can take the case forward into the judicial system. Depending on the…

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The Importance of Trusting Your Trustee

The person you appoint as trustee for your trusts looks after your assets and your beneficiaries after your death. This needs to be someone who you trust to understand the facts and make decisions in the best interest of your loved ones. The trustee has a variety of fiduciary duties to the beneficiaries and the…

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Keeping Trade Secrets Out of the Record

Business litigation often centers around information that is confidential, or should have been kept confidential, and the inappropriate use of that information. Many businesses are built on their trade secrets, from the efficiency of their processes to the combination of spices and herbs that flavor their recipes. Even in public litigation, that information must stay…

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Managing a Business in an Estate

For business owners, estate planning is an important part of succession planning to ensure that your business will survive to benefit your heirs, your employees will have stable employment, and your business will continue to honor its contracts and meet the needs of its customers. Further, a significant portion of your wealth is likely tied…

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Fiduciary Duties to a Business During Litigation

When a business is involved in litigation, the business is generally still running, serving customers and clients, trying to make a profit, and otherwise continuing with its operations. While the officers and managers of the business are certainly paying attention to the lawsuit, they still have certain fiduciary duties they need to fulfill to the…

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Including Stepchildren and Adopted Children in Your Estate

Families come in all shapes and sizes, from small families with only one child and beneficiary to large, mixed families with stepchildren, half-siblings, and even adopted children thrown into the mix. All these children have relationships with their parents, stepparents, and adopted parents and these relationships evolve over time. Adopted Children Once you adopt a…

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Dismissed With or Without Prejudice?

When you’re engaged in a lawsuit, you may file a number of pre-trial motions. A motion is just a fancy term for asking a court to do something.  These can include motions stating that there is no conflict the courts can resolve, motions to remove certain parties, motions to change the venue, and more. Some…

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