Category Archives: Articles

Can I simply rely on an oral will?

By | May 13, 2008

Oral wills, or nuncupative wills, are permitted in many states under limited circumstances. However, a form of guidelines should be utilized if you are planning on making an oral will to be assured that it will be honored.

Why (and when) could I utilize a codicil to my will?

By | May 13, 2008

At times, circumstances in our lives may change. This can be due to a remarriage, birth, death, divorce, change of address, change of executor or guardian, or other situations where our present will may not cover everything that we now believe it should, but for the most part, it is still factual. We may have acquired additional assets… Read More »

When do I need a will, and what are the dangers of not having one?

By | May 13, 2008

Theoretically, anyone with assets should have a will. A person without a will is said to have died intestate. When someone dies intestate, his or her assets generally pass as follows:

What is an LLC?

By | May 13, 2008

A limited liability company (LLC) is a form of business organization set up to offer liability protection to its members. When difficulties arise, LLC members may lose their investments in the company, but not their personal assets. LLCs are often better than a limited partnership, because in a limited partnership, one partner is personally liable for the partnership’s… Read More »

Why do my favorite websites have “terms of use” agreements?

By | May 13, 2008

To prevent misuse and abuse of those visiting, most reputable websites today have “terms of use” agreements. Those agreements must be read and agreed to before utilizing the services which the website offers. This is why you will see, for example, a complete set of guidelines that you must understand and agree to before selling or purchasing something… Read More »

When should I obtain a receipt?

By | May 13, 2008

The simple answer to the question of when you should obtain a receipt is always. When you sell something or give something away which has any value, either monetary or personal, you should obtain a signed receipt from the person receiving it.

When might a quitclaim deed be more appropriate than a warranty deed?

By | May 13, 2008

When any property transfers from one owner to another, a deed of transfer must be recorded with the local registry in the appropriate city or county. Generally, when one party purchases property from another party, a warranty deed is written, signed, witnessed and recorded. However, this may not always be necessary.

The dangers of not having a promissory note when loaning money

By | May 13, 2008

When you make a monetary loan, it is always a good idea to have a promissory note setting forth the terms of the loan. A promissory note is also used in real estate transactions.

Why should you have a formal partnership dissolution agreement?

By | May 13, 2008

If you have a business partnership with one or more persons and someone wants to leave the partnership, a formal agreement is truly necessary to protect everyone involved. The technical term for this type of agreement is a dissolution, which is the change in the relationship of the partners caused by any partner ceasing to be associated with… Read More »

When is a limited liability partnership agreement necessary?

By | May 13, 2008

As with a general partnership, a limited liability partnership requires an agreement so that each partner’s role, protections and expectations are clearly defined. The limited liability partnership (LLP) has been an ever-growing form of business organization in recent years. It protects a partnership in much the same way as a limited liability corporation protects the business. It is… Read More »