Recent Blog Posts
The Benefits of Tenancies by the Entireties
When you buy a house, one thing to consider is how to own the house, if you are buying it with someone else. If that someone else happens to be a spouse, you’ll have another option—the option to purchase and title the home in both of your names, as a tenancy by the entirety,… Read More »
The Good and Bad of the Realtor’s Lawsuit Settlement
You may have heard that the National Association of Realtors (NAR) just recently settled a major class action lawsuit, and that the outcome of the suit will likely alter home prices. But what does the settlement actually mean, and what was it about? Realtors Commissions As you likely know, when you buy or sell… Read More »
Fraud in the Inducement: Fraud Before the Contract is Formed
You may already know that many times, we sign contracts, and we end up defrauded. That’s not just a breach of contract, but rather, a knowingly deceitful act by one party, made while knowing that the other party was going to rely on the (mis)representation. But there are times when we are actually defrauded… Read More »
For Gun Owners, a Gun Trust May be a Necessity in Your Estate Plan
When we think of the different kinds of trusts in estate planning, one type of trust usually isn’t first and foremost on our minds: the gun trust. But if you do have guns, things aren’t as simple as just leaving them to whomever you want to leave them to. The passing of ownership of… Read More »
Can You Negotiate With Creditors? Yes, But There are Drawbacks Also
Let’s say that you have significant debt, and for you, bankruptcy isn’t an option or just not something you want to consider. Could you just call your creditors, and see if they will work out a payment arrangement that you can agree to? The answer is generally yes, although there are caveats and considerations… Read More »
Things People Forget When Making an Estate Plan
So you go to an estate planning lawyer to have your will and other estate plan documents drawn up. You have everything with you, all the information that you need, and you draw up an estate plan, including a will, perhaps a trust, and some other crucial documents, like powers of attorney or healthcare… Read More »
Class Gifts in Your Estate Plan: A Good or Bad Idea?
Let’s say that you have an estate plan, and you want to leave your property to your beneficiaries. When you make your will or trust, you would identify your beneficiaries—that is, who is getting what from your estate. But naming people isn’t the obvious task that it seems to be—and making a mistake can… Read More »
How Lenders Get In Trouble With Usury Laws
Let’s say you loan money to borrowers. You know that you can charge interest, but that there is a limit to the legal interest that you can charge. You are careful, making sure not to exceed the legal maximum. But don’t be surprised if you still end up in trouble, exceeding the legal interest… Read More »
Escrow Agents Often Find Themselves Involved in Interpleader Actions
Real estate litigation is unique because unlike most lawsuits that involve a dispute over property or assets between two people or parties, with real estate there is often a third party: an escrow agent, or even a realtor. What is an Escrow Agent? An escrow agent is a party that is neutral to, and… Read More »
Avoiding Undue Influence Challenges in Probate Court
The thought of your friend, relatives or loved ones all fighting over what you may have left them when you are gone is, to say the least, distasteful. One of the overriding goals in estate planning is to create an estate plan that is clear, and which avoids challenges later on—challenges that can be… Read More »
