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Written by David Bastiaans

Priority Claims for Surviving Spouse and/or Minor Children

After losing a spouse, the surviving spouse can feel overwhelmed and anxious regarding available resources. This is particularly true if the probate estate of the deceased spouse is nominal or the deceased spouse had significant debt. There are...

July 31, 2017 in Wills, Trusts & Estate Administration

Written by David Bastiaans

What Is The Big Deal It Is Only A Name?

Many businesses use a name that is different from its legal name called a trade or fictitious name. This can happen by simply dropping the “Corp.,” “Inc.,” “LLC,” etc. from the legal name of the business entity. For example, an entity created as...

July 25, 2017 in New Business Formation

Written by Barry Dorans

UPDATE: White Collar Exemptions

On June 7, 2017, attorneys for employees of Chipotle filed suit in a U.S. District Court seeking overtime for any employee who worked for Chipotle and was paid a salary of less than $47,476 from December 1, 2016 to the present. There is some...

June 13, 2017 in Employment Law for Employers

President Trump’s Roll-Back of the Clean Water Act

On February 28, 2017, President Trump signed an executive order subtitled; “Restoring the rule of law, federalism, and economic growth by reviewing the ‘Waters of the United States’ rule”. With the stroke of his pen, and with Scott Pruitt sitting...

March 07, 2017 in Environmental Law

Written by Barry Dorans

Changes to the Salary Level Under the Fair Labor Standards Act

There has been a lot of publicity about the regulatory changes that take effect December 1, 2016 under the Fair Labor Standards Act (“FLSA”). This article gives an overview of the change.

November 17, 2016 in Employment Law for Employers

Written by Arthur Robinson

Trusts Protectors: A Concept Whose Time Has Come

In the evolution over the last 50 to 60 years of trusts in a variety of contexts including offshore trusts, a new concept has surfaced which is now being more broadly applied in the context of estate and asset protection planning. The concept is...

November 07, 2016 in Estate Planning

Written by Arthur Robinson

Special Needs Trust: The Importance of Getting it Right

It is commonplace today that most families either have knowledge of or may even have a family member who is a special needs individual. Special needs individuals, whether by virtue of a physical disability or mental disability, are often entitled...

November 03, 2016 Estate Planning; Wills, Trusts & Estate Administration

When Can My Child Testify In Court In A Custody/Visitation Case About Where He/She Wants To Live?

I am often told by clients that their child is 12 years old (or fill in the blank with any age 12 or older) and that their child can decide where he or she wants to live. While some states may have statutory or case law setting forth the age after...

November 01, 2016 Child Custody; Divorce & Family Law

Written by Arthur Robinson

Family Conflict Among Siblings and Cousins: Clarity is Key

In the current financial times in which we live, where often times the structure of the family is complex, it has become increasingly prevalent that siblings or half-siblings and on some occasions, cousins will get into significant conflicts...

October 19, 2016 in Estate Planning

It's Alive! Federal Court Finds A Pulse in the Expired Protecting Tenants at Foreclosure Act

In February of 2009, during the height of the residential foreclosure crisis, this column discussed the federal Protecting Tenants at Foreclosure Act (the “Protecting Tenants Act”). That federal law was meant to provide some protection to tenants...

October 19, 2016 in Residential Real Estate