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What is a Living Trust?

A living trust, as defined by West’s Encyclopedia of American Law, Edition 2, is “a property right, held by one party for the benefit of another, that becomes effective during…

Avoiding Ownership Disputes

Ownership Disputes – Intro In this article, we focus on another reason to engage in best practices when it comes to corporate governance—Avoiding Ownership Disputes. Many people contact business litigation…

What is a Trustee?

A trustee is the designated manager of a trust, and in this capacity, holds title to all the assets of the trust. These assets may include real estate, a portfolio…

Common Contract Clauses

Business law clients often wonder why their contracts include some version of the following contract provisions. These clauses may seem unnecessary to a business owner or layperson. However, each of…

What Is Probate?

Probate is the legal process used to determine the disposition of a person’s assets upon his or her death. in many states, the Probate Code is not overly complex, and…

Fiduciary Duties Estate Planning

Duties of a Fiduciary in Estate Planning

Responsibilities of a Fiduciary under Common Estate Planning Documents A Personal Representative has the responsibility to distribute the tangible personal property (furniture etc.) to beneficiaries after someone passes away.  Additionally,…

Divorce Issues Simplified

Divorce Basics

The divorce process can seem complex and downright overwhelming.  Distilling the issues to divorce basics helps individuals understand that they can and will get through the process.  There is hope,…

Search and Seizure

Search and Seizure

The fourth amendment of the United States Constitution was established to protect citizens from unreasonable search and seizure. The fourth amendment limits the police’s power to make arrests, search people…