Author Archives: Jay Butchko
Clearing Up Myths about Estate Taxes in Estate Planning
USA Today recently published a helpful article clearing up some confusion regarding federal estate taxes and how frequently heirs have to pay them when they inherit property, such as a farm or small business. Specifically, in some of his speeches, President Trump has stated that these heirs often have to “’sell the farm’ in… Read More »
After Forming Your LLC, There’s Still Work to Be Done
A limited liability company (LLC), with its flexible management structure, provides a lot of security to those seeking to found a new startup. However, in addition to forming your LLC, there are a number of steps which need to be taken in order to create a solid legal foundation for your business; steps that… Read More »
The Importance of Approaching Your Family about Estate Planning, And How to Do It
In September, Market Watch featured an excellent article on the importance of discussing estate planning with your family, and how you might go about doing so–even if the topic might be an uncomfortable one to broach. Failing to do so could open up your family to some serious vulnerabilities in the future. The perfect… Read More »
Understanding Jurisdiction in Business Litigation
Understanding how personal jurisdiction works is essential to anyone involved in business transactions and/or litigation because it effectively determines whether a company can sue and/or be sued in a particular state. Jurisdiction is important because, as so aptly described in one article, “not every court is the right place to bring a particular lawsuit.”… Read More »
Circumstances That Warrant Updating Estate Planning Documents
Because life is constantly changing, your estate planning documents should change alongside it. These periodic updates are necessary in order to ensure that your loved ones are properly provided for after you’re gone. Some key examples of essential estate planning documents that many have in place include healthcare directives, living wills, durable power of… Read More »
Selling Your Business
Those who run their own business are typically well-versed in the day-to-day business transactions and contracts that are necessary to keep things up and running. However, when it comes to how to go about selling your business, there can often be more uncertainty and anxiety involved; precisely because the business is your baby. It… Read More »
Durable Powers Of Attorney & Estate Planning
Durable powers of attorney apply to managing both your financial/business and health/estate affairs. They allow you to appoint an agent to handle legal, health, and financial responsibilities. They can cover a number of important issues, such as whether that’s asset management, care preferences, medical professional details, retirement plan elections, insurance benefits; amongst others. They… Read More »
What Is a Disclaimer Trust, and How Is It Used In Estate Planning?
The right estate planning is essential in order to ensure that your loved ones are taken care of in the event of your death. To this end, a disclaimer trust is sometimes helpful if a family is concerned that the estate tax or asset values may change after making a will which may ultimately… Read More »
The “Standing at Inception” Rule In Foreclosure Defense Cases
The standing at inception rule requires that lenders prove that they have the right to enforce the note on your home and mortgage at the time they file their complaint in court. It is an important rule that often makes the difference regarding whether a given homeowner ultimately wins or loses their foreclosure case…. Read More »
The Importance of the Owners’ Agreement in Business Formation
As highlighted by a recent Forbes article, running a business unfortunately sometimes involves disputes and conflicts. Whether it involves a breach of contract claim, property rights, unfair trade practices, or something else, there really is no excuse for failing to ensure that you have every legal control possible in place at the outset. With… Read More »