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Do You Have a New Business Idea for 2023?

Do You Have a New Business Idea for 2023?

Business Law
Like many people, you may decide to pursue a new venture in the coming year by starting a business. You must prepare to start a new business, and that includes the legal infrastructure that you need in place for a company. When you are starting a business, it is not as simple as starting to market your product and making money. There are many choices that you must make and paperwork that you need to complete in order to begin the process. For example, you would need to choose the corporate form that works best for your situation. If you are working with someone else, you must have an agreement with them that details your rights and obligations. Then, you would need bylaws that would govern how you run your…
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Does Every Estate Need Probate?

Does Every Estate Need Probate?

Estate Planning
Probate is a word that strikes fear into the hearts of many families when they learn that they will have to go through the process. There can be delays and hassles before an estate is finally able to be closed and the property transferred to the heirs. Not every estate has to go through the probate process. Probate is the name for the legal process that validates the will and transfers title in the property to the heirs. If the property has already been transferred, there is no need for probate. Specifically, if a trust has already been established, probate would not be required. The trust is already in operation and holds title to the property. As soon as the trust is established and funded with property, it becomes the…
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Benefits of Outsourced General Counsel

Benefits of Outsourced General Counsel

Business Law
Hiring a full-time lawyer for your company means a major expense, between their salary and benefits. Many smaller companies have a need for legal work but not enough demand that justifies hiring someone on staff. Your company can still get legal help without the full expenses of hiring when you outsource your general counsel work. An outsourced general counsel will still be a partner to your business. They will get to know your company and needs. Your attorney would anticipate legal issues and provide you with the same services that an on-staff general counsel would. Having an attorney that knows your company will aid in your efforts at risk management. At the same time, you can focus on your core business while a qualified professional handles your legal needs. If…
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Breaking Up with Your Business Partner

Breaking Up with Your Business Partner

Business Law
The old adage is that breaking up is hard to do. It is even more difficult when you are dealing with a business partner. You must protect your legal interests at a time when emotions may be raw while preserving the ability of your company to keep operating. Regardless of the corporate form of your business, a business breakup will be difficult. You will likely have some form of operating or partnership agreement that governs your relationship with your business partner. This document will control the dissolution process. If you have a partnership, a breakup may mean the end of your business arrangement. If you have an LLC or other type of corporation, you would consult the operating agreement for how the breakup is handled. There may be terms that…
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When Do You Need an Attorney for Probate?

When Do You Need an Attorney for Probate?

Estate Planning
There is no requirement that you have an attorney for the probate process, but it would certainly make sense for your family under many circumstances. If your estate is complex, or if there are any gray areas, you would want an attorney. The executor may need advice about how to fulfill their role. They may have difficulty with a particular family member or want to know how they can fulfill their fiduciary duty to the estate. If the estate does not qualify for simplified procedures, you should certainly consider hiring an attorney. You would certainly need an attorney if there are any disagreements that could lead to a lawsuit. Family members could disagree over the will itself, with one possibly claiming that the will itself is invalid for one of…
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Ways to Value Your Business

Ways to Value Your Business

Business Law
There may be certain occasions when you need to value a business. For instance, you may want to buy out a minority shareholder or carry out another corporate transaction. You may need to place a worth on the business for estate planning or family law purposes. Regardless of the reason, valuing a business is not always a straightforward calculation. There are a number of ways to come up with a business valuation. The most common business valuation method is discounted cash flow. You would estimate the amount of money that the business would generate in the future and discount it by a present value factor. The challenges are both estimating future growth and determining the right discount rate. Accountants may use the enterprise value for a business. This calculation involves…
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What is Insurance Bad Faith?

What is Insurance Bad Faith?

Civil Litigation
Lawyers will always tell you that an insurance company can make your life difficult in many ways. Some of these are just the usual ways that an insurance company will do business. In some cases, the insurance company may cross a line where its actions could violate state law. When that happens, you may have a bad faith claim against the insurance company. The insurance company has certain legal obligations to policyholders and claimants. These principles are a part of contract law, which requires a duty of good faith and fair dealing. The opposite of this is bad faith, where the insurance company does what it can to renege on its contractual obligations. Here are some examples of possible insurance bad faith: Extensive and unreasonable delays in processing and addressing…
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How Can A Lawyer Help at a Real Estate Closing

How Can A Lawyer Help at a Real Estate Closing

Real Estate
Hiring an experienced real estate lawyer can help protect your legal interests at closing. There could be a number of issues that arise that could either complicate the deal or pose a risk to your finances. An attorney can help you renegotiate if necessary or even negotiate to keep the deal as intact as possible in light of the challenges. Every real estate closing has numerous documents that must be reviewed before they can be signed. Do not make the mistake of rushing through these documents. Your legal rights are described in these documents, and any errors could cost you in the future. An attorney can review the document before you sign them. In addition, you may learn of defects in the title of the property during a title search…
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Risks of a General Partnership

Risks of a General Partnership

Business Law
If you are in a partnership, you are truly partnered with the other people in every respect of the word. What they do wrong is what you do wrong. You are fully liable for the debts of the partnership and anything else that happens. For example, if one partner is involved in a car accident, all of the partners are legally responsible for paying the damages. The same goes for any debts that one of the partners runs up in the name of the partnership. In other words, the partnership can be a liability nightmare for the unsuspecting partner. You may be going about your business and doing nothing wrong and find yourself on the receiving end of a large bill that can destroy your finances and credit permanently. When…
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Mechanic’s Lien Basics

Mechanic’s Lien Basics

Real Estate
There are various things that may put a cloud on the title of real estate. People who have performed work on the property and have not been paid may have the ability to put a lien on the title that must be satisfied before the property can be sold. Contractors and builders have a legal right to be paid for the work that they have done. They have more than just the ability to send a bill to a customer. If someone does not pay for a builder's work, they cannot easily escape further liability. Even if the mechanic cannot get the money by other means, they can put a lien on the property. This lien would have a higher priority than other creditors if someone were to go bankrupt.…
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