Business Formation - Blogs
- We the People franchise found to be practicing law without a license
There are many places to get advise on the internet. Be sure when you are looking for legal advise, you are working with a licensed lawyer. Below is the finding of the Ohio State Bar in regards to one such service. We the People is a franchise that provides forms and help in legal matters including wills, trusts, divorces, bankruptcy and other areas of law. The Ohio State Bar found that they were practicing law without a license because they were owned and operated by attorneys not licenced in...
(May 20, 2008) - 2008 Small Business and Self-Employed Taxpayers Guide
I received 5 copies of the IRS guide in the mail today. If anyone would like one you can Contact me and I will be happy to send one. You may also order the CD from the IRS by calling 800-829-3636 and asking for Publication 3208 or by searching for SBRG on the IRS.gov website
(May 19, 2008) - Call for Editors
If you're a law prof interested in unincorporated business entities (UBEs), and would like to be a contributing editor, drop me a line. Many hands make more posts, and more discussion. It doesn't matter if you're a new law prof,...
(May 18, 2008) - New Contributing Editors
posted by Gary Rosin The UB blog welcomes new Contributing Editors: Carter Bishop, a recovering reporter for some of the recent Uniform UBE acts Dan Kleinberger, yet another recovering Uniform UBE Acts reporter Beth Miller, an active member, and former...
(May 18, 2008) - Kuslansky Update
posted by Gary Rosin In my earlier post (after Ederer v. Gursky) on Kuslansky v. Kuslansky, Robbins, Stechel and Cunningham, LLP, 2008 NY Slip Op. 04061 (NY App. Div. April 29, 2008), I indicated that the case involved yet another...
(May 18, 2008) - Enhanced Life Estate Deed Question. What happens when the owner of the Remainder Interest ...
A *Florida Enhanced Life Estate Deed or Florida LadyBird Deed is designed to pass the property if any to a person upon the death of the life tenant while allowing the life tenant to do anything during their life. What happens if the person named in the remainder interest predeceases the life tenant? This is From A to B for life (with enhanced powers) remainder to C. If C dies before B, and then B dies the property will revert to A or A's Estate upon B's Death. This can be problematic when...
(May 15, 2008) - Florida Unpaid Vacation? How can I collect
I did not get paid my Vacation pay, What can I do? Under Florida law, employees are entitled to make a claim for unpaid vacation pay that is vested. "Vested Vacation Pay" is defined as "wages" for purposes of section 448.08 requiring the employer to pay all attorneys fees and costs. If you win, you are entitled to receive unpaid vacation pay for the last 5 years and legal fees and costs associated with the case. Most cases center around a termination. If you are terminated from your job, you...
(May 14, 2008) - What are directors’ duties and what can they do to protect themselves in a sale of company?
[The following post is courtesy of Priya Cherian Huskins, Esq., a partner and senior vice president at Woodruff-Sawyer & Co., an insurance brokerage headquartered in San Francisco, California. Priya specializes in director and officer liability and its mitigation through both insurance and corporate governance solutions. This article was first published in the 2008 edition of Boardroom Briefings: Mergers and Acquisitions, and has been republished here with Priya's permission. Priya was...
(May 14, 2008) - Automatic gun transfer nets prison sentence
A new Blog ( Gun Trust Lawyer ) dedicated to Gun Trusts and issues related to the ownership of class 3 weapons (which I started) has an article on a man who was arrested for an improper transfer of a unknown class 3 machine gun. His gun misfired and was reclassified as a Machine Gun. This along with allowing a potential buyer to shoot it at a range resulted in the invalid transfer of a Class 3 Weapon, a crime punishable under the NFA with a sentence of up to 10 years in jail. These are the...
(May 13, 2008) - What is the difference between a Living Trust and a Bypass Trust?
A Florida Living Trust is a Florida Revocable Trust created while a person is alive, while a Bypass Trust is usually a testamentary irrevocable trust. Some Bypass Trusts are created by a Living Trusts or even Florida Will. A Trust is an ownership arrangement where property is held in the name of a "trustee" rather than in the name of the person who really owns the property. It is a separation of legal and equitable ownership. People often create Living Trusts for their own benefit, to avoid...
(May 12, 2008) - What is a 529 accounts, and are they good?
529 accounts are good and are one of the best ways to save for a child's education. When paying for college there are many options. Uniform Transfers to Minors Accounts; Education IRAs; Prepaid tuition plans; and 529 plans to name a few. The 529 account seems to have the best features of each option and be one of the better investment vehicles. The biggest advantage is that earnings and most withdrawals are free of income unless they are not used for tuition, room, board, and other authorized...
(May 11, 2008) - About This Blog
The Law Professors Blogs Network is looking for faculty in this area of law to re-launch this blog. If you would like more information about what this entails, please email Paul Caron at paul.caron@uc.edu
(May 9, 2008) - LLCs at 20: Program and Webcast
The Center for Advanced Legal Studies at Suffolk University is hosting a symposium on "Limited Liability Companies at 20", to be held on June 13. If you can't make it to Boston, there is a free webcast, but you have...
(May 6, 2008) - after Ederer v. Gursky...
posted by Gary Rosin The first reported New York opinion to rely on Ederer v. Gursky is out: Kuslansky v. Kuslansky, Robbins, Stechel and Cunningham, LLP, 2008 NY Slip Op. 04061 (NY App. Div. April 29, 2008). Oddly enough, Kuslansky...
(May 5, 2008) - The Aggregate-Plus Theory of Partnership Taxation
posted by Gary Rosin Prof. Paul Caron (Tax Prof blog) notes a recent SSRN accepted paper by Prof. Borden, The Aggregate-Plus Theory of Partnership Taxation (forthcoming in 43 Ga. L. Rev.). The abstract: This Article presents a theory of partnership...
(May 5, 2008) - What gifts can I make without having to pay gift taxes?
You can give any person $12,000 a year without any gift tax consequences. This annual gift exclusion is now indexed for inflation and be increasing periodically in $1,000 increments. If you are married, you and your spouse can each give $12,000 a year for a total of $24,000. If the person you are giving to is married, you can give $12,000 to that person and their spouse. You may also pay tuition or medical payments on behalf of another, but it is important to make those payments directly to the...
(April 30, 2008) - Where should I store my will and whom should I give copies of my estate planning documents?
It is important to keep your Florida Estate Planning Documents safe. In some cases if the original documents are lost, a copy is as good as the original. With the will, the original is the document that is important. Some people choose to keep originals documents at their Florida Estate Planning Lawyer office, in a bank vault, with other people, or at home in their filing system. It is important to let someone know where they will be kept in case they are needed. People have different views on...
(April 29, 2008) - Export-Import Bank of the US and Small Business
Looking for financial assistance in exporting as a small business. Take at look at the Import-Export Bank of the United States. [www.exim.gov]Daniel H. Erskine, Esq., an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions.
(April 28, 2008) - How to obtain a Will in a safety deposit box?
In Florida when an individual left their Florida Will in a bank vault or safety deposit box a court order is necessary to open the box unless there is a joint owner on the account. The process involves having a judge issue an order to inspect the contents of the box. If there is a will it should be deposited with the court in the probate proceeding. If you need help getting a Florida will that is stored in a safe deposit box at a bank, you should Contact a Florida Estate Planning Lawyer
(April 28, 2008) - What are the pros and cons of a Florida Revocable Trust?
A Florida Revocable Trust is a useful estate planning tool. They can be used for many functions including disposition of one's assets upon death. In my practice I use Florida Revocable Trust for the purchase of Class 3 items which are controlled by the NFA, to provide for pets and animals after death, and to hold assets. Each type of Florida Revocable Trust has unique language and purpose. In addition there are several benefits in using a Florida Revocable Trust to dispose of property over a...
(April 28, 2008)