For some members of our society, legal protection may be necessary even after they have entered adulthood. These individuals may have been injured in an accident, continue to suffer from an incapacitating physical illness or psychological disorder, or have some other condition that prevents them from caring for themselves. In these cases, a guardianship may be established.
Like most corporate law, mergers are regulated at the state level. While these laws vary by jurisdiction, many aspects of the merger process are the same across the nation. Generally, the board of directors for each entity must initially approve a resolution adopting a plan of merger that specifies the names of the entities involved, the name of the proposed merged company, the manner of converting shares of both entities, and any other legal provisions to which the corporations agree. Each entity notifies all of its shareholders that a meeting will be held to approve the merger. If the proper number of shareholders approves the plan, the directors sign the papers and file them with the state. The secretary of state issues a certificate of merger to authorize the new corporation.
Mergers and Acquisitions
Each state has its own corporate statutes that govern the procedure for mergers. Furthermore, state or federal agencies may wish to investigate the potential anticompetitive effects of a proposed merger. Because of the requirements and variables involved in merging, a corporation considering a merger should consult a lawyer who is experienced in mergers and acquisitions law.
Business Formation
Business Disputes
Business law encompasses the many rules, statutes, codes, and regulations that are established which govern commercial relationships and provide a legal framework within which businesses may be conducted and managed. Business law is highly diverse and includes areas such as...
Buying or selling a home is probably the most significant financial transaction that anyone undertakes in their lifetime. While this can be an exciting time, without the proper legal guidance, the process can be frustrating, overwhelming and more expensive than necessary. Even if there are no obvious disagreements between the Buyer and Seller it is advisable for each party to enter into real estate transactions with their own attorney who can help steer them away from common pitfalls and make the transaction an enjoyable experience.Â
Easement
Land Use and Zoning
Landlord-Tenant Disputes
Property Damage
Whether or not you have a strong case depends on a variety of factors, including the nature and extent of your injuries or property damage, who is at fault and whether the defendant has sizable assets or adequate insurance coverage, and how long ago the accident or injury occurred. An attorney can evaluate your case in light of these and other factors, and give you a realistic assessment of what you can expect.
Most personal injury attorneys work on “contingency,” which means that if they agree to take you case, they will take a percentage of the recovery, whether by settlement or a trial verdict. Many advance the court fees and other related expenses, while others expect the client to cover some or all of the costs. If the attorney advances costs, those are reimbursed from your eventual recovery.
Medicaid Planning
Medicaid planning is legal. Elder law attorneys work to protect clients’ assets within the bounds of the law. Congress allows citizens to qualify for Medicaid after meeting certain requirements, and those requirements could be changed if Congress felt they were being abused. Medicaid planning is not any more illegal than planning to avoid taxes.
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Wills
There has been a lot of talk about living wills and health care proxies lately. These legal documents (often called advance directives or health care directives) are important because they make your medical wishes known if you can’t speak for yourself. If you do not appoint a health care agent, your loved ones may be forced to go to Court to get the authority to make your health care decisions — a complete waste of time and money that can be avoided with a health care proxy.
Trusts
When a person passes on, some or all of his or her assets may become frozen until the court authorizes someone to act on behalf of the estate of the deceased person to pay his or her debts, funeral expenses, taxes, and other expenses and then distribute what is left to the beneficiaries.  Had that person placed his assets into a well drafted and properly funded living trust, it is likely that no expensive drawn out court proceeding would have been necessary. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court.Â
Power of Attorney
Last month, we discussed the Health Care Proxy and Living Will and the importance of appointing someone to speak for you when you cannot voice your own health care wishes due to mental incapacity. Equally important, but sometimes overlooked is the need to appoint someone to handle your business and legal affairs if you are unable to handle such matters on your own. A power of attorney is such an appointment document in which you give someone else — usually a trusted family member or friend — the authority to act on your behalf as if they were you.
Without careful planning, much of your life’s legacy could be lost to estate taxes. While a simple will can provide for the transfer your estate to your loved ones, it does not have special provisions for advanced estate tax planning.