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Debbie Ferguson 9/16/21 Debbie Ferguson 9/16/21

Natural Disaster Preparedness

`A fireman during a disaster points to the left.`

Wildfires in the West, hurricanes in the South and North East, and tornadoes throughout the Midwestern United States this year have brought home the importance of being as prepared as possible for a natural disaster. Natural disasters can threaten any of us at any time, and it is critical to be prepared. Having an emergency plan is essential, and having your paperwork for ownership of assets, insurance, and other items is something on emergency lists that may get overlooked. Our network attorneys can help you get your legal issues in order to prepare for a natural disaster, or help you negotiate with insurance companies if the worst should happen. Learn more about our legal subscription plans, and read on for a few important tips for natural disaster preparedness:

Make An Emergency Plan

Decide where your family will evacuate to if you need to leave your home and make those arrangements. Include arrangements for pets and livestock. Make a list of what you will need to bring, including clothing, hygiene items, important documents, medications, pet carriers (if needed), identification, and some emergency food and water. Take photographs of important belongings for insurance purposes, and store those photos on a USB drive in a safe place where you can access it even if your home is damaged or destroyed, such as in a safety deposit box off site, or in a fireproof and waterproof box you can take with you in the event of an evacuation.

Review Your Insurance Policy

Examine your current policy and coverage (including renter's insurance, if applicable) and make sure you have appropriate coverage in the event of a natural disaster. If you are a renter, make sure your policy is up-to-date, as your landlord's insurance policy won't cover your personal belongings. Make sure you fully understand the terms of your policy, and go over those terms with your attorney if you need further explanation.

Store Essential Documents

Gather all of your essential personal documents to store in a safe place. This includes insurance policies, passports and other identification, Social Security cards and numbers, birth certificates, titles, deeds, wills, and other important documents. Invest in a portable fireproof and waterproof safe or box to store them in so you can take them with you if you have to evacuate, or consider getting a safety deposit box.

If You Have Warning of an Impending Natural Disaster in Your Area

Pack your emergency items, as outlined above
Make sure your car has a full tank of gas
Verify your evacuation arrangements
Make arrangements for your pets and livestock

After a Natural Disaster

Responding to Damage

Document damage with photographs before you do anything else. These pictures will be invaluable as you work with your insurance company. Don't throw anything away until your insurance company has cleared you to do so. Discuss repairs with your insurance company, and, before hiring any contractors, make sure to talk to your insurance and utility providers. Before hiring a contractor, make sure to have your attorney look over the contract before you sign it.

Communicate With Your Bank and Utilities

Ensure that your bank(s), utilities, and other places where you have accounts know about your situation. Document your conversations with them. Discuss the possibility of late payments. File for disaster relief as soon as possible. If you have any issues, contact your provider attorney for assistance dealing with companies and other organizations and governments.

Hundreds of thousands of people nationwide are facing natural disasters right now. Our hearts go out to the families suffering. Natural disasters can strike anywhere at any time, and being prepared is the best thing you can do to not only put your mind at ease in case the worst should happen, but to also get you through any disaster that might effect you, including wildfires, hurricanes, earthquakes, tornadoes, and more. Learn more about the services of our legal subscription plans, or sign up today.

Debbie Ferguson 9/8/21 Debbie Ferguson 9/8/21

Child Custody - Seven Things You Should Know

`A couple discusses paperwork at a desk.`

When relationships end, there can be difficulties, and those issues can be harder when children are involved. Most people have questions about child custody in these cases, and, as a member of our legal subscription plans, you'll be able to ask all your child custody questions to a qualified, experienced, family law attorney at no additional cost. But here is a general overview of things you'll want to keep in mind:

Married Couples Maintain Equal Parenting Rights

Unless otherwise ordered by a court, parental rights over children are maintained. Many parents separate before filing for divorce, and either parent can file with the court to be named the custodial parent, and the other parent would receive non-custodial visitation. It is important to put the needs of the children as the number one priority, regardless of other grievances.

The Court Is Concerned With The Child's Best Interests

The court will evaluate several factors when deciding which parent should get custody, including the wishes of the parents, which parent can provide the safest and most stable environment for the children, and, in some cases, if the children are old enough, the wishes of the children, but this varies from court to court. Today, more modern practices are often applied to custody cases. It used to be assumed that children under the age of four should be with their mothers, but more modern thinking has led to joint custody being the standard arrangement.

There Is A Difference Between Physical and Legal Custody

Physical custody is defined as which parent the child lives with and deals with the day-to-day needs of the child while the other parent has visitation rights. Legal custody refers to an arrangement of which parent makes the major decisions about a child's life; today, this is typically a joint custody arrangement. Legal custody has no bearing on physical custody.

Non-Custodial Parents Are Usually Granted Visitation Rights

Most child custody cases grant the non-custodial parent the right to visitation with the child or children, and this can take many forms, and is usually negotiated by the courts between the parents if the parents cannot make a visitation and custody plan themselves for some reason. There are rare circumstances where a court will prohibit the non-custodial parent from having visitation, and those rare occasions usually involve cases of emotional or physical abuse, or some living situation that makes it an unfit environment for the child. Some visitation rights in these cases are restricted, such as rules that visitation must take place with witnesses or at a certain, agreed-upon location or for a certain, agreed-upon amount of time.

Courts Are Giving More Consideration to Father's Rights

Father's rights have been somewhat contentious, as, in the past, it was assumed that the mothers were primary caregivers and fathers have felt dismissed when it comes to the topic of child custody. As society has changed, the courts have adopted more modern thinking, and courts are giving more consideration to maintaining a father's presence in children’s lives. If you feel that your rights as a father have been violated, talk to your attorney who may be able to give you advice on your specific child custody issue.

Parenting Plans Make Custody and Visitation Simple

Parenting plans are agreements that are negotiated by the parents that lay out custody, visitation, holiday schedules, and more. A parenting plan can be submitted to the court ahead of a custody decision. If the court approves the plan, it is incorporated into the custody order.

Remarriage and Blended Families

New family dynamics can take some figuring out and getting used to, and managing emotions is as important as the legal aspects involved. Once families transition into a new dynamic, custody agreements sometimes need to change, as well. While getting remarried doesn't necessarily mean that you'll need to change your custody arrangement, there are situations where it is needed, such as if the new family needs to move to another state or jurisdiction for work. Having an experienced child custody attorney on your side to discuss these changes might ease these transitions, so you can go into a renegotiation of custody agreements prepared.

Child custody issues are never easy, but having a lawyer well versed in child custody and family law when you are negotiating custody, visitation, or trying to get a new custody arrangement will put your mind at ease. You can ask unlimited questions pertaining to child custody, visitation, and more at no additional cost when you're a member of our legal subscription plans. Learn more about this essential benefit today, or sign up now!

Debbie Ferguson 8/26/21 Debbie Ferguson 8/26/21

Legal Protection for Ride Share and Delivery Drivers

`Delivery driver hands pizza boxes to another person.`

The food service and transportation industries have been completely transformed by ride sharing and food delivery companies, and not just in how we order food or get to the airport. These new industries have employed millions of workers, but with new jobs comes new legal considerations, both for the companies and for the workers. Drivers for these kinds of companies are finding out that they need legal protections for their livelihoods, and our Ride Share and Delivery Drivers' add-on for your legal subscription plan might be right for you if you are - or are considering - joining the ride and delivery workforce.

The Legal Issues

Drivers for ride share and delivery companies are sometimes hired as independent contractors rather than at-will employees, which means that these drivers don't get the same kind of benefits that regular employees receive. Being an independent contractor comes with its own set of legal issues, including taxes, insurance, traffic violations, accidents while on the job, and more.

Traffic Violations

If your job depends on your personal vehicle, getting a traffic ticket is more problematic than getting one in regular life. Tickets can destroy your perfect driving record, can be expensive, and may cause your insurance rates to go up. A knowledgeable attorney can give you advice on how to best deal with tickets to minimize the damages and save you money in the process. Always remember to obey all the traffic laws when driving for your job, including parking for pickups and deliveries in designated areas.

Accidents

If you are involved in an accident - whether you're on the job or not, or if it is your fault - you should always contact your attorney as soon as possible. If you are a member of our legal subscription plans, contact your provider law firm. Make sure that you have the proper coverage on your insurance, and make sure everyone in your vehicle is wearing seatbelts and not violating any other laws.

Taxes

The difference between being an independent contractor and an employee is most obvious at tax time. Independent contractors are considered to be self-employed and are subject to self-employment taxes. To make the most of self-employment taxes, you should keep track of all your expenses - including gas, vehicle maintenance and repairs, cell phone and service, etc - and your income. If your income does not match your tax documents or if you deduct mileage or expenses you don't have receipts or records for, you may get audited by the IRS. Get a mileage tracker app to keep track of your mileage and save the data for your records at tax time. Your provider attorney will be able to help you understand and get organized for taxes.

Driver/Passenger Issues

Always make sure that the person who gets in your car is the person you're there to give a ride to. Rider scams are becoming more common as ride share services become more popular, and these scams can be detrimental to your job and income. They can cost you time and money and, in the event of a more serious situation - such as someone hopping in your car with the intent to steal it - you may wish to consult your attorney about legal aspects of rider issues. Always ask someone's name when they get in your car; if you ask them, "Are you Dave?" anybody could say "yes." Additionally, while it can be fun to have a conversation with your passengers, over sharing could lead to stalking or harassment or even identity theft. Never give out personal information - including social media handles - and make sure that your personal documents with your information on them are out of sight.

Property Damage

Those who make their living on the road know that damage to the vehicle is part of the job, and it is more than just traffic accidents that cause damage. Rowdy passengers can cause damage to your car's interior and if you're picking up people at a bar to get them home safely, you might consider bringing a bucket and paper towels with you on the trip, just in case.

Safeguard your income with our Ride Share & Delivery supplement to your individual & families legal subscription plan and get access to dedicated attorneys and law firms with experience and knowledge of legal concerns for ride share and delivery drivers. You'll be able to contact your attorney about an unlimited number of issues related to delivery and ride share employment, with up to two hours of legal research included per issue. This supplement also includes IRS Audit support for your personal tax returns, as well as legal advice and consultation for traffic tickets, accidents, and more that occur while you're engaged in your ride share or delivery employment. Learn more about this benefit or sign up now!

Debbie Ferguson 8/19/21 Debbie Ferguson 8/19/21

Keeping Teen Drivers Safe: Eight Tips

`Police cruiser with vehicle stopped on a city street at night.`

Inexperienced drivers are more likely to have accidents and get moving violations than other drivers. Most of these inexperienced drivers are teens who have just learned to drive and received their driver's licenses. Teaching teen drivers about the legal and physical damages that can happen due to careless driving is very important; adults, too, can often use a refresher course. Our legal subscription plans for individuals and families gives you access to experienced, dedicated attorneys who can provide defense for traffic violations, traffic accidents, give you advice on the most effective strategies, and advocate for you in court if needed. Here are a few tips for keeping your teen drivers safe on the roads:

Know The Traffic Laws Where You Live

Parents can set a good example for their kids by knowing and following all the traffic laws where they live, as teens often learn their driving habits by watching their parents drive. Explain the laws to your new drivers, sign your teens up for driver education courses, and, most importantly, lead by example.

Avoid Distracted Driving

The number one cause of auto accidents in the US is distracted driving, and teens without much driving experience are particularly susceptible to distractions. Avoid texting or using a smart phone while driving (it is actually illegal in many states and localities), and the use of a phone while driving can not only get you fined, but could also cause a serious accident, injuring or killing you or others. Explain these risks to your teen drivers and set a good example by turning off your phone when you're driving.

Never Drive Impaired

Underage drunk driving is a zero tolerance offense, meaning that it is illegal for anyone under the age of 21 in the US (22 in Canada) to have any alcohol in their system while driving. Driving drunk is incredibly dangerous and it is a criminal offense as opposed to a simple traffic infraction. Drivers who operate vehicles while impaired can face stiff fines, lose their license, incur legal fees, get a criminal record, and possibly face jail time.

Know How To Behave During A Traffic Stop

If you are being pulled over, pull safely off the road, switch on an interior light if it is after dark, and keep your hands on the steering wheel until the officer asks you for your information. Remain polite and cooperative, comply with the officer's requests (name, driver's license, proof of insurance, registration). Do not exit your vehicle unless asked to do so. You do not need to consent to a search of your vehicle, but if the officer searches your car without your consent, tell the officer that you object to the search but do not physically resist the search. If you or your vehicle are searched without your consent, call your provider attorney as soon as possible.

Don't Try To Hide A Ticket

Make sure your new driver knows that tickets cannot simply be hidden or thrown away. Some teens try to pay off traffic fines on their own without telling their parents about the ticket, but it is important that you teach your new driver that hiding the infraction only makes the situation worse. Teens who pay the fines themselves can end up with points on their licenses and higher insurance rates. Failure to pay the fine at all can result in charges of failure to appear in addition to a conviction of the original violation. Failure to pay fines can also result in heavier fines and even having your license suspended.

Know What To Do In An Accident

Teach your new drivers that, in the event of an accident, they should pull safely to the side of the road if possible, and, even if the accident seems minor - or if another drivers asks them not to - the police should be notified and an accident report should be filed. Exchange information with any other drivers involved in the accident including contact and insurance information. Make sure to get the names and contact information of any witnesses to the accident, as well, if possible. Make sure to save all the information about the accident, and do not sign anything until you have spoken with your provider attorney. Never agree to any kind of settlement without talking to your lawyer first.

Make Sure Your Teen Understands Insurance

Driving means understanding the personal and financial responsibilities, and that includes insurance. Talk to your teen about the costs of insurance, what your policy covers, and what it costs in deductibles if there is an accident or how much your insurance premiums could increase if they get tickets, infractions, or points on their license.

Use Our App To Send Tickets To Your Provider Attorney

A feature of our app lets you take a photo of a traffic ticket and submit it to your provider attorney, or you can contact your provider attorney directly to get advice about a traffic violation.

Our legal subscription plans for individuals and families includes being able to get advice from your provider law firm on an unlimited number of topics, including any and all issues arising from traffic violations, tickets, accidents, insurance, and more. Learn more about this included essential benefit here, or sign up today!

Debbie Ferguson 8/12/21 Debbie Ferguson 8/12/21

Seven Reasons People Change Their Names

Name changes can have a many reasons; marriage and divorce are probably the most common reasons a person changes their name, but name changes are more common than most people think. Having an attorney to walk you through the legal considerations and the process makes changing your name quick and easy, and, as a subscriber to our legal subscription plans, you'll be able to talk to a qualified attorney about a name change at no additional cost.

People Change Their Names When They Get Married

In most states and provinces, the process of changing your name when you get married is usually fairly simple, but the process might not be as simple for same-sex couples, if a husband takes his wife's name, or in some other, unique situations. Most states and provinces have a streamlined process for either partner to change their name when they get married. It has become more common over time for couples to take on a hyphenated version of both their surnames or to create an entirely new surname when they get married. Depending on your state or province, you may need to fill out a simple form, but some states have an involved process to navigate. If you didn’t change your legal name when you got married and later want to, you will need to file paperwork with the court to do so.

People Change Their Names When They Get Divorced

Traditionally, when a woman took her husband's surname when they got married, she would often want to go back to using her maiden name or another name if they ever were to divorce. Some women want to keep the same surname as their children, but if you want to change your name when you get divorced, most states give you that option during the divorce proceedings. If you got divorced and didn’t change your name during the divorce proceedings and later want to, you will need to petition a court to do so.

People Change Their Names Because They Don't Like Them

It's a common misconception that you are stuck with the name your parents gave you. If you hate your name, dislike having your name mispronounced or misspelled, or go by another name that you'd like to use in a legal capacity, you can always change your name to something you like better. For instance, if you go by a middle name, use a nickname in your day-to-day life, or have a difficult-to-spell or difficult-to-pronounce name, a legal name change might be a good choice.

People Change Their Names For Personal Branding

Performers such as musicians, actors, radio or TV personalities, writers, influencers on social media, and others who become well known by a pseudonym, stage name, or pen name may want to change their names legally, not only for personal legal matters, but also to effectively be able to protect their brand and business. Many people are known online by a name they created or a "handle" for online interactions, and if you are known by this name professionally, it might be a good idea to legally change your name to your chosen moniker.

People Change Their Children's Surnames

There are many reasons that parents may want to change their child's surname, including when a parent meets a child later in life, or if the parents get married after the child is born, or if you adopt your spouse's child.

People Change Their Names Due To Discrimination

It's a sad fact, but people are sometimes judged by their names alone. This is particularly true for job seekers, and, while it is illegal to discriminate against someone based on their race, country of origin, or nationality, employers sometimes dismiss applications from people whose names are foreign, difficult to pronounce, or hard to spell. The inverse can also happen, where people want to reclaim their culture or family heritage and revert to their cultural names before their ancestors immigrated, for instance.

People Change Names To Match Their Personal Pronouns

People who are transgender often grew up with a name that they feel does not suit them and may wish to legally change their name to formally and legally begin their new life.

If you're considering a name change, as a member of our legal subscription plans, you can speak to a dedicated, qualified attorney about all the legal aspects of your name change at no additional cost. Your lawyer will walk you through the process for changing your name in your state or province of residence, prepare the paperwork, and make sure that it gets filed properly. Learn more about our legal subscription plans for individuals and families or sign up today!

Debbie Ferguson 8/5/21 Debbie Ferguson 8/5/21

What Can Health Care Agents Decide?

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First a definition: A Health Care Agent is someone who can make health care decisions for you if, for some reason, you are unable to do so yourself. A health care agent is someone you can appoint in your living will or advanced directive documents. By appointing a health care agent, you can relieve your family of the burden and anxiety of making medical choices for you, and you can carefully explain your exact wishes to the health care agent you choose. Health care agents are also sometimes called health care proxies, and they can only make decisions for your health care when you cannot do so yourself.

Benefits of Having A Health Care Agent

You are not required by law to have a health care agent, but having someone to serve in this capacity can be beneficial. People often choose their spouse to be their health care agent if they are married or about to be married. One consideration is that family members may have a difficult time making health care decisions on your behalf. Times such as these can be stressful on loved ones, and there may be disagreements about your medical care. In these cases, the decision often gets made by a court-appointed guardian, administrators at the hospital, or doctors. By appointing a health care agent, you relieve your family of this burden and the anxiety of making these decisions. When you appoint a health care agent, you should spend some time detailing your exact wishes in various scenarios and health care situations.

The Role of A Health Care Agent

When you have a living will - also known as an advance directive - you can detail the type and kind of medical treatments you would wish to receive in various circumstances, and the kinds of treatments you would not want. In the event that you are not able to communicate these wishes to health care providers, your living will can make your wishes known. One duty of your health care agent is to make sure that, if something happens to you where you are unable to make decisions for yourself, the treatment you receive is in agreement with your wishes in your living will. In the absence of an advanced directive, the doctors will ask your health care agent to make these decisions for you.

What Is A Health Care Agent Authorized To Do?

Different states have different laws about what health care agents can do, but, in general, your health care agent will be able to:

Decide the use of life support systems and treatments
Approve or stop treatments that do not improve your condition
Access and release your medical records
Request an autopsy
Donate your organs (unless your living will expressly forbids this)

Authorizations That May Vary By State

You may want to check with the laws in your state, as some states prohibit health care agents from:

Requesting an abortion or sterilization
Refusing life support or other life sustaining treatments
Withdrawing life support or other life sustaining treatments

What A Health Care Agent Cannot Do

Health care agents or proxies cannot make any decisions about your money or be required to pay your bills, including medical bills. Other limitations may vary by state.

How To Choose A Health Care Agent

Because it is such an important role, and selecting the person who will speak for you and make decisions on your behalf if you cannot make them yourself can be overwhelming. A good place to start is to deeply consider your family and friends. Is there anyone you have a deep connection with, who shares your same values, and who is capable of handling such a task? If no one in your circle of family and friends makes a good match for this role, you can consider appointing your attorney as your health care agent.

Some people also name alternative health care proxies in the event that the first choice is unavailable. Always make sure that the people you choose for this role are willing and able to serve in this vital capacity.

How Much Authority Should You Give Your Health Care Agent?

Some people choose to give their health care agent wide authority in regards to medical decisions, while others prefer to restrict the authority and decision making to very specific situations. You do not want to box your agent into an impossible situation by having instructions that are too specific, as circumstances often have variables that are hard to predict. It is a good idea to talk to your doctor about various scenarios and the kinds of decisions that might need to be made in various circumstances.

Making Your Health Care Decisions Legal

To take effect, you will need to make your living will and health care agent choices official. There are legal forms to fill out and file that create a legal document that conveys your wishes for end-of-life care. Some states require that someone witness the signing of these documents, and some states require that the signatures be notarized. Notary publics can be found at banks, libraries, and post offices, but we offer notary services at our offices, too.

When you're a member of our legal subscription plans, your attorney can help you draft a living will and appoint a health care agent as part of your estate planning benefit. As a member, these services are included with your subscription. Learn more about this essential benefit here, or sign up now!

Debbie Ferguson 7/29/21 Debbie Ferguson 7/29/21

Why A Living Will Is So Important

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When a person cannot speak for themselves, a living will is an important health care document that is part of an estate plan, and it provides clear directives of a person's wishes, avoiding uncertainty in a difficult time and when loved ones may have differing wishes. A living will differs from a testamentary will in that it does not outline the disposal or distribution of a person's property or assets, but instead, a living will is a statement of a person's wishes as well as a guide for healthcare providers and family members.

What A Living Will Details

A living will - also known as an Advanced Directive - gives a person the right to direct future medical services and health care under circumstances where the person is unable to speak to healthcare providers or consult doctors personally due to incapacitation, a medical condition, or for another reason. This document gives instructions to medical personnel and health care providers for end-of-life situations; for example, directing attending physicians not to administer life-sustaining treatments or artificially administering nutrients or hydration. If such treatments have already begun, a living will may direct physicians to withdraw that treatment. A living will also allows you to appoint a proxy for your health care to help carry out your wishes. Laws vary state-to-state in regards to living wills and other documents, so it is always in your best interests to contact your attorney to discuss these and other estate planning issues.

Some states require that the attending physician and another doctor certify that the patient is permanently unconscious, terminally ill, or facing end-of-life conditions. If a healthcare proxy is named in a living will, that person can help make certain that the patient's wishes are carried out. The healthcare proxy should be someone who knows your wishes and is willing to make sure that those wishes are adhered to. It is also important to keep this information updated and current as your life changes.

Making A Living Will When You Are Well

If you are in good health, you may be asking why you need to have a living will. It is a document that will, hopefully, never be needed, but it can also alleviate stress for you and your loved ones in the event of a catastrophic medical issue or accident. It avoids disagreements among your loved ones at a stressful time, and ensures that what you want to happen is what occurs. Not having a living will has led to families dragging disagreements into court when they cannot agree on a plan to proceed involving a loved one's end-of-life care.

Many people have concerns regarding who makes the decision to administer or withdraw treatments when they cannot make those decisions themselves. A living will is an important and personal document that can avoid years of conflict or uncertainty about what a patient who cannot speak for themselves would want done. An example of this is a Florida case where a young, married woman fell unexpectedly into a coma and remained in that state for several years. Doctors believed that she would not recover and would remain vegetative for the rest of her life. Her husband wanted to remove life-sustaining treatments, but her parents wanted the treatment to continue. The case went to court, and, after a lengthy and expensive trial, the state court decided that the treatments could be stopped, and the woman passed away a few weeks later. This case highlights the importance of a living will, even for young, healthy adults.

If you are interested in preparing a living will as part of your estate planning, and want to make sure that it is legally enforceable in your state, speaking with an experienced, dedicated estate planning attorney is the best course of action. While many law firms charge thousands of dollars to prepare estate planning documents, members of our legal subscription plans get these essential documents prepared at no additional charge. Individuals and families can sign up for our legal subscription plans for just $29.95 per month and begin your living will, testamentary will, and other estate planning documents quickly and easily using our app. After filling out a quick questionnaire in the app, your attorney will contact you with any additional questions and have your documents prepared and ready to file with your state usually within just a few days. And another benefit is that you can update your wills for free at any time when your life changes as long as you’re a member. Learn more about estate planning through our legal subscription plans or sign up today!

Debbie Ferguson 7/22/21 Debbie Ferguson 7/22/21

What Happens To Your Child When You Don't Have A Will

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If you die without a Will, you are considered "intestate," meaning that the laws of your state will make a Will for you, including who will care for your minor children and your assets that they will inherit when they become adults. It is a difficult thing to think about your child's life without you if something should happen to you, which is why planning for them is difficult. Your child will benefit from your careful planning for their future. Having a Will in place gives you a say regarding the care of your child and what they will inherit if something should happen to you.

When a person passes away, a Will answers final questions regarding assets, but a Will's sole purpose is not deciding what happens to your house, cars, bank accounts, and other assets. One of the most important reasons to have a Will if you have minor children is selecting who will care for those children in the event you become incapacitated or pass away suddenly. If you do not have a Will in place, you have no say in this very important decision, as it will be left to the court to decide many issues pertaining to your minor children, including:

Who Will Care For Your Minor Children?

The decision of who will care for your minor children if you and your spouse are incapacitated or pass away will be left to your state's court system if you do not have a legally enforceable Will in place. If there is another surviving biological parent, that person will likely be designated by the courts to assume full custody of the child. If that person is no longer alive or is unable to assume custody for some other reason, the court will probably choose a biological relative of the child to assume custody.

What Is In The Best Interests of the Child?

The court, depending on your state's laws, will usually consider the child's best interests when deciding custody or guardian matters. If the court deems the other parent "unfit," the court could name a third party as guardian. In these circumstances, a Will is the only way to state your wishes, but a Will usually does not change the other parent's rights. If the child is reaching an age that is close to adulthood, the court may ask the child's preferences and take those into account. The age at which a child's preferences are considered varies state to state.

Who Will Manage Your Minor Child's Finances?

A conservator can be appointed by the court to manage finances and assets for a minor child until the child turns 18, or the age of majority in the state of residence. After that, the conservator's role is terminated. Typically, the person selected as guardian is also appointed as conservator, but there are cases where these roles are held by two or more people. You can make this decision yourself in your Will if you have chosen someone - or a financial institution - to be your minor child's conservator, and it differs from the guardian. If you want your child to continue to wait to have funds or limited access to the funds after turning 18, you can set up a trust in your Will, specifying at what age your child will gain access to the trust.

Consult With An Attorney Today To Get Your Will Started

Preparing a Will may seem complicated, but we have made the process as easy as possible on you. As a member of our legal subscription plans, you will have access to an experienced, dedicated law firm in your state who can guide you through each step of the process. You'll start by answering a few simple questions on our app and your law firm will contact you with any additional questions or documentation that is needed.

With our legal subscription plans, you can get started on your Will today with the help of an experienced, dedicated attorney who can help you draft your Will and ensure that it is legally enforceable in your state. And if you ever need to make changes as your life changes, you will always be able to do so as long as you're a member. We make the process of drafting and filing your Will simple and streamlined so you can have this important document ready if it is ever needed.

Learn more about this essential benefit of your legal subscription plan or sign up today!

Debbie Ferguson 7/15/21 Debbie Ferguson 7/15/21

8 Tips For Small Business Debt Collection

`A couple goes over finances with a computer and a calculator`

Money is the lifeblood of any business and the loss of any expected revenue can have major consequences. Getting paid what you're due on time is important to every company, but many businesses run into customers from time to time who are unwilling or unable to pay debts. When this happens, it's up to you to collect what you're owed. It's an unpleasant situation to have to pursue people who may be in financial trouble, but there are things you can do reach a resolution regarding outstanding debt. One of the best benefits of our Small Business Legal Subscription Plans is the ability to contact your attorney for help in collecting debt and devising a debt collection strategy for your business. All of our small business plans include attorney-drafted debt collection letters on their law firm’s letterhead and sent to your debtor on your behalf. This saves you time and worry as letters from an attorney are often taken more seriously by debtors than communication from you or your business. And when the debt is paid, you get 100% of the amount recovered - our network attorneys take no commission for these services.

Traditionally, there have been three main ways for small businesses to collect a debt: doing it yourself, hiring a collection agency, or work with a debt collection attorney. Going the do-it-yourself route to collect on a debt owed to your business may be a good way to go if client relationships are important to you or if you only have a couple of debts to collect. Hiring a collection agency may be a good way to go if you have a large number of delinquent accounts from debtors who are hard to track down, but collection agencies often take up to 50% of the amount recovered as part of their fees and aggressive tactics sometimes used by collection agencies may reflect poorly on your brand. Hiring an attorney specializing in debt collection is often a quick way of getting delinquent accounts paid and maintaining a customer-friendly brand. And since our Small Business Legal Subscription Plans start at just $49/month with debt collection services included, it’s affordable, too!

When your business is owed money, regardless of the method you choose to collect on the debts, there are some tips for legally collecting money owed to you:

Don't take it personally

Late payments can often be caused by simple forgetfulness and getting emotionally invested in the problem can often escalate a simple oversight into a true dispute. Contact the client or customer to let them know about the late payment; most people are happy to rectify the problem promptly.

Get In Contact Early and Stay In Contact

Reach out to the debtor as soon as possible and remind them of their obligation. Continue to reach out regularly if the payment isn't made right away. Contact can be made via email, telephone, texts, or mailed letters, but don't get too carried away. Anything beyond a single contact in a billing cycle could be considered as harassment. Your messages should be professional and never threatening.

Document, Document, Document

Keep copies of all letters you send, make records of every call you make, and screenshot texts and emails for your records. If the matter should need to be referred to a collection agency or an attorney, your records will go a long way to establish your case.

Try To Set Up A Payment Arrangement

Most people aren't trying to shirk their responsibilities, but financial difficulties sometimes make full payments impossible. Businesses are entitled to seek full repayment, but relationships with clients and customers can often be preserved by working with the debtor to agree to a payment plan on what's owed. You might agree to lengthen the repayment period or to accept partial payments on a schedule until the debt is paid off. Make sure to get the terms outlined in writing.

Maintain Your Resolve

You may choose to be flexible about repayment, but you should never let debtors tug at your heartstrings to get out of paying the debt. Again, any agreements made regarding lowering the amount owed or accepting partial payments should be put in writing.

Send Demand Letters

All actions taken in the process of collecting a debt should be put in writing or recorded in some way for your records. Demand letters notify your debtor of the amount they owe and any potential legal action that might be taken in order to collect the debt. These letters should convey your seriousness about collecting the money owed you and provide a record of attempts made to collect if you need to escalate the matter.

Hire A Collection Agency

When all your attempts to collect a debt have failed, you may want to consider hiring a collection agency. Collection agencies are professionals at drafting demand letters and have employees and staff to call debtors so you can focus on running your business. Collection agencies don't work for free and some businesses are uncomfortable working with an industry with the collective reputation that collection agencies have.

Work With An Attorney

An alternative to hiring a collection agency is to work with your attorney to seek repayment from debtors. Much like a collection agency, your attorney will take over the work of contacting those who owe you money by making calls and drafting letters on your behalf, and these contacts are often taken more seriously by debtors, as they carry the weight of the experience of your attorney's legal expertise and background, as well as the possibility of further legal action if the debt remains unpaid.

Businesses considering legal action for debt collection purposes should know that the court process can be both expensive and time consuming, as well as keep you from the day-to-day details of running your business if you have to appear in court. Winning a court case against someone who owes you money also means that you still have to collect from someone who has not paid you thus far. The upside of winning a collections court case is that you now have more options for collecting what you owe. The judge can choose to put a lien on property, or order a writ of execution that garnishes wages. The debtor may have to liquidate assets to repay debts if they are in bankruptcy or work with the court to create a repayment plan that will be enforced by the court.

Learn more about how your attorney, through your Small Business Legal Subscription Plan, can help you collect debts both in and out of court or sign up today!

Debbie Ferguson 7/8/21 Debbie Ferguson 7/8/21

Your Small Business Just Got Sued. Now What?

Small businesses, just like any other business, try to avoid lawsuits. Lawsuits against small businesses can damage reputations, take up your valuable time, and can be very costly. Most business owners do everything they can to protect their businesses from legal issues, but sometimes, it can't be avoided.

Regardless of the reason your business has been sued, taking the matter seriously from the beginning can help you avoid significant consequences, and contacting an experienced small business attorney who is experienced in handling lawsuits and legal matters as they pertain to small businesses should be your first step.

While many small businesses don't have the budget to keep a small business lawyer "on retainer," our Small Business Legal Subscription Plans give you and your small business access to qualified, dedicated, experienced legal counsel and can help save you time and money in the long term.

Lawyers can help you better understand the case

Understanding legal procedures such as process service, statues of limitations, the arguments of the case, and the legal system itself, among many other details, are things where the average person or small business owner usually doesn't have much experience. Attorneys can walk you through these details and potentially minimize costly consequences stemming from the case. Trials can be expensive, and an attorney may be able to help you get the case dismissed without a trial or to negotiate a settlement or other outcome that helps you avoid court and the costs involved.

Lawyers can help you get organized

Gathering, keeping, and preserving all records relevant to the case will be essential, and attorneys are experts at reviewing contracts, emails, documents, and other records that may be useful or important in your case. Lawyers can also give you legal advice and answer any questions about the case that you may have.

Should You Settle?

You might be inclined to fight the case, especially when you have done nothing wrong, and your attorney will be able to give you advice as to whether it is worth it to fight in court. Settling may ultimately save you time, money, and stress by putting the matter behind you. In some cases, it may be worth the costs of going to court, and your attorney will be able to advise you of your options, detail the pros and cons of those options, and advise you on what next steps to take.

Be Honest and Detailed With Your Attorney

Avoiding some facts of the case with your attorney won't help you, even if those facts don't necessarily present your business in a good light. Your attorney will need to know all the details and review all the documentation of the case - emails, letters, calls, texts, contracts, etc.). Don't try to hide anything. Ask your attorney all the questions you have and be as detailed as possible when discussing your case with your attorney.

Don't Talk About Your Case With Involved Parties

Anything that you say can be used in court, and you may be past the point of settling the dispute without legal intervention. Once attorneys get involved, it is a whole new ballgame.

Don't Ignore The Lawsuit

It's not going to go away on its own, so act immediately. The clock starts ticking on your time to respond to the suit as soon as you have been properly served. Regardless of how frivolous or erroneous the lawsuit may seem, it is imperative that you take the matter seriously and contact your attorney as soon as possible to preserve your business' reputation.

Don't Try To Handle It Yourself

Some cases require representation by an attorney, and even if you are allowed to represent yourself, it is almost never a good idea as a mistake can lead to disastrous consequences.

You Don't Have To Go It Alone

Never give up rights because it seems that fighting a lawsuit will cost too much, be too much trouble, or take too much time and effort. Subscribing to one of our Small Business Legal Subscription Plans will give you access to qualified small business attorneys in your area who can not only guide you if your small business gets sued, but can also help with day-to-day legal issues that are specific to small businesses, such as contract review, employment concerns, protecting intellectual property, patents, and much, much more! Learn more here or sign up today to protect your business!

Debbie Ferguson 7/1/21 Debbie Ferguson 7/1/21

Worker Classifications - What Small Businesses Need to Know

`Photo shows a pair of workers on a busy construction site`

Misclassifying workers as independent contractors when they should be classified as employees can have serious financial and legal ramifications for businesses of all sizes. In 2017, the hardware chain store, Lowes, settled a $2.8 million worker classification lawsuit which claimed that Lowes had improperly classified installers as independent contractors when they were actually employees, and that this misclassification caused workers to miss out on workers' compensation benefits, liability insurance, and caused the workers to pay employment taxes that they shouldn't have been responsible for.

There are distinctions between independent contractors and employees, and the following points can help small businesses understand these differences.

The IRS has four worker classifications:

Independent Contractor - An independent contractor controls the kind of work they do, where they complete the work, and how the work is completed. The business that hires an independent contractor only controls the result or product. The business may set deadlines; businesses cannot set specific working hours.

Employee - If a business controls where, when, what, and how work is completed, then the worker is an employee.

Statutory Employee - Some workers who would normally be independent contractors can sometimes still be considered an employee by the IRS:

Workers who work from home under specific instructions, with materials or tools provided to them by the business that must be returned to the business;
Food and beverage delivery drivers (milk excluded);
Commissioned laundry and dry cleaning drivers;
Insurance agents working primarily for one life insurance company selling life insurance or annuity contracts;
Full-time traveling salespersons submitting orders directly to the business from other businesses or wholesale establishments.

Statutory Nonemployee - Some statutes deem some workers who would otherwise be considered employees as nonemployees, and includes:

Direct sellers and real estate workers who are not paid on an hourly basis;
Companion sitters (private duty nurses and home health aides) not employed by a placement service.

It can be difficult to determine how to classify some workers in some circumstances. The IRS provides a form you can complete and send to them that allows the IRS to determine a worker's classification. The form, called Form SS-8, can be downloaded from the IRS web site and includes detailed instructions for filling it out; however, it can take the IRS up to six months (or more) to get back to you. Your Small Business Legal Subscription allows you to bypass this process and consult your attorney for advice on proper worker classification.

State Regulations

Some states may classify workers differently than the IRS. It is extremely important to understand your state's regulations and how they impact your worker classification for your industry.

As you can see, being able to contact a dedicated, experienced employment lawyer can be priceless when navigating employment classification, and with our Small Business Legal Subscription plans, you, too, can have a small business lawyer "on retainer" for advice, questions, contracts, and more! Learn more here or sign up today!

Debbie Ferguson 6/24/21 Debbie Ferguson 6/24/21

August is National "Make a Will" Month - Create Yours Now!

Get Your Estate Plan for Just $359.40!
Learn More About Our Estate Planning Special!

To make your estate planning process easier, we're running a special that lets you create your will with a dedicated, experienced estate planning attorney for just $299.40! Most law offices charge thousands of dollars for just this service, but you can not only get your estate planning done for one low fee, you will also get a year's worth of service from our individuals and families legal subscription plan! You will have the peace of mind of knowing that your will is complete, legal, and ready with the help of our network of attorneys as well as being able to have your attorney look over other documents, help you with consumer finance issues, settle disputes, and much more! Take a look at the list of services available to our individuals and families legal plan subscribers at this link.

Summer is a great time to cross items off your "to-do" list, and, while making out your will might seem like more of a chore than a fun summer activity, creating your will doesn't have to be complicated, difficult, or expensive, and, no matter where you are in your estate planning, there are things you can do right now to save you time and money, and to spare legal hassles for your loved ones in the future.

Organize your thoughts and create a draft of your wishes

It isn't just wealthy, elderly persons with mansions who need a will; age and income are irrelevant when it comes to who needs to have a will. Your will doesn't need to be a lengthy, intimidating legal document. If you own assets or have children, a will is one of the most important documents you need to have. Make a list of your assets - such as bank accounts, houses, vehicles, even pets - and to whom you'd like them to go. Start thinking about trustworthy individuals you can appoint to important roles in your will. Thinking about financial and health care powers of attorney and to whom you would want to make those decisions on your behalf is a good idea at this phase, too.

Have Contingency Plans

As you select important roles for loved ones carrying out your final wishes - such executor of your will, who has your power of attorney, who will have custody of your children, if you have any - think about second and third options in the event that something happens to your first choices down the road. These aren't fun things to think about, but taking care of them now will make a stressful situation less complicated in the future.

When you become a subscriber to our legal subscription plans, drafting your will is easy, and you know that it will be enforceable in your state of residence, as you will get to work with attorneys who know how estate law is applied in your state. Since laws governing wills, estates, and probate vary from state to state, it is invaluable to have a legal professional in your corner when drafting your will.

From our app, sign in and click "Start Will." Fill out the short questionnaire and an attorney in your area will get in touch to go over your answers. From there, your attorney will prepare your will for your review in as little as five business days. You will have the opportunity to make changes and finalize the document. Once filed, keep your copy in a safe, secure, accessible place. Your will also comes with a Living Will (also known as a healthcare directive) and Financial Directive (durable power of attorney) to put your mind at ease.

As your life changes, you may need to update your will, such as if you have children, get married, get divorced, buy a house, and more. Continuing to stay on as a legal plan subscriber gives you access to update your will whenever you need to at no additional charge. Learn more about our estate planning services here or you can sign up today!

Debbie Ferguson 6/17/21 Debbie Ferguson 6/17/21

Five Tips For Home-Based Business Owners

`An organized desk with paper and computer monitor`

Running a business from your home often sounds great: working for yourself, getting creative, and making money doing something you love to do. We offer special legal subscription plan coverage for home based businesses to take some of the legal guesswork out of running your business day-to-day, but there are other, practical considerations, too:

Where You Live

There may be rules for the kinds of home-based businesses that can be run from your neighborhood. Apartment living means knowing what is within the rules for business activity and what the apartment management will allow. If you're renting, talk with your landlord or apartment manager first and make sure that your home-based business doesn't break any rules in your lease.

Where You Work

Being self-motivated and focused means having a dedicated work space, and it is difficult to concentrate on daily work tasks from the couch. You can get more work done if you set aside an area in your home that is private, conducive to your work style and the kind of work you do, where your work can be kept organized. Dedicate a corner of the living room to a workspace, or make sure that the kitchen table is cleared at the end of the night and ready for work the next day. If you have enough space, set aside a room for your work.

Anticipate Distractions

It's wonderful not to have to commute to work, but maintaining focus throughout the day when you're sharing your working and living space can be challenging, particularly if you live with others. There are dozens of ways that working from home can be distracting: conversations, daily chores, child care, personal phone calls, visitors, and neighbors can all become work distractions fairly easily. You can combat some of these by making sure that your family or roommates know and understand your work schedule and give you time and space to work. Scheduling your time so that you have hours blocked out for work tasks and household tasks that don't overlap is also helpful. Communicate your needs to others in your household and ask for their support in your new endeavor. Sectioning off part of your home as an official workspace not only allows you to establish boundaries during work hours from those you live with, but has the added bonus of possibly being a tax write off.

Develop Discipline

Time management and motivation are two of the biggest weaknesses mentioned by work-from-home entrepreneurs. Taking an online time management course may prove helpful, and many are free of charge. Keeping a list of your goals within sight during your workday can also help keep you motivated. These goals might be more freedom to travel, or saving for a big purchase, or helping people. Whatever your reasons for starting your home-based business, remember your passion and stay focused on the big picture.

Take Breaks

Staying committed and working hard are both important, but knowing when to stop and take a breather is just as important. You can't help anyone or get your tasks completed if you're exhausted. Just like you need to create household boundaries to do your work, you also need to create work boundaries so you can live the life working from home can give you. Create set hours when you take business calls. Shut down your computer at a specific time every day. Put away your work documents and set up for the next day at a certain time each day. Not taking the time to rest can cause your relationships to suffer and you can burn out. Create a schedule for your work tasks and home tasks each day and stick to it as much as possible.

Running a successful home-based business takes dedication, diligence, motivation, and organization. Learning to work around distractions, keeping yourself motivated, and staying organized will increase your chances of success, help you meet your goals, and give you time to do to the things you want to do outside of work, too. Knowing how to balance your work and life to maintain healthy home and work relationships takes a lot of effort, but the end result is amazingly rewarding for you, your family, and your customers.

You're not on your own running your home-based business. Our small business consulting services and legal subscription plans for individuals and home-based businesses can help you start out - or keep going! - on the right foot!

Contact us today to learn more or sign up!

Debbie Ferguson 6/10/21 Debbie Ferguson 6/10/21

Landlords Are Small Business Owners - What You Need to Know

`A woman showing house plans on a computer`

Whether your rental is your main occupation or something you do on the side, being a landlord means that you are a small business owner. Just like any other business, landlords need to have their business affairs organized and take a professional approach to all aspects of running their business to avoid costly mistakes. Most guides focus on the basics of the business of being a landlord, such as collecting rent and making repairs, but there are additional, business-related aspects that shouldn't be ignored.

Just like any business, it's a landlord's responsibility to get proper business licenses, file and pay taxes, and have proper insurance, but there are a few other areas landlords might want to review.

CONTRACTS

The day-to-day paperwork of being a landlord - accounting, taxes, and marketing, for example - are common small business aspects, but one of the most important things you'll need as a landlord are contracts. These are vital documents for any landlord-tenant relationship, as well as for contracted repairs or maintenance. Not only having these contracts, but insisting upon them with everyone you do business with, protects you and your investment. Don't hire a property manager or a contractor with just a verbal agreement and a handshake, no matter how well you know them, and certainly don't rent to anyone without a written, signed contract. Contracts protect all parties involved, and especially when you're running a small business, you can't afford to take risks. Don't just download generic forms from the Internet; get the advice of a qualified attorney with experience in landlord law and legal issues. (It's easier and less expensive than you might think.)

ANNUAL INSPECTIONS

Yearly inspections are a necessity to ensure that your properties are habitable and all major systems and structures are well maintained and not damaged, either by age or by tenants. Inspections allow both the landlord and the tenant to know the condition of the property and be aware of any issues: tenants can highlight any needed repairs or maintenance, and landlords can make sure that the property is being properly cared for and kept up and that there are no lease violations. These regular inspections avoid any surprises when a lease ends, as well, making it easier and less expensive to repair issues that come up. Inspections should be by-the-book: give tenants proper notice beforehand and avoid invading their privacy more than needed. Document the walk-through with the tenants.

PROPERTY MANAGEMENT

Sometimes, you may need outside assistance to manage your business, especially if you have more than one property or rental unit, so, when you're considering hiring someone to manage your properties or other aspects of your small business, that may make you an employer, which means additional payroll, employment, and tax considerations. One way to avoid this is by using a rental management company. As independent contracting companies, these management companies don't come with administrative work or additional taxes. However, these companies and their services can be expensive, and may be of a greater benefit to you if you own multiple units or multiple properties.

CONTRACTORS AND REPAIRPERSONS

There are always going to be some repair or maintenance work that a landlord needs to have done by qualified experts, and hiring professionals to do work around your properties means that you should have a service contract with any contractors you hire. Make sure that the contract details the specific work to be done, a date for completion, an agreed-upon price, and what happens if the work isn't done on time, or if there are more extensive repairs needed once the work has commenced. Make sure that there is a clause for dispute resolution, a provision that should always be included in any business contract.

CONFLICT RESOLUTION

No matter who the other party is - a tenant, a contractor, or someone else you've contracted with - disputes happen and are always a possibility. Before signing a contract, make sure you understand the terms of fulfillment for all parties involved, and double check the provision in your contract for dispute resolution. Communicating with all the parties involved in a contract to solve problems before they require legal intervention is important and can save you money and time. Some ways to handle disputes include mediation, negotiation, and arbitration. Each of these tactics has their own pros and cons, but ensure that your contracts specify what is to be done in the event of a dispute and that all parties are aware of the resolution strategy.

Don't leave your property rental business to chance, especially when it comes to something as easily controlled as contracts. Small disagreements between landlords and tenants can become large disputes and legal nightmares in a hurry. The Home Business Supplement add-on to your legal subscription plan costs just an additional $12.95 per month, and gives you unlimited attorney support regarding your rental properties and problems with tenants.

Every part of landlord law is covered with the Home Business Supplement. Get legal advice and support in any area of law related to your rental properties or your real estate business as a whole. Our legal subscription plan members get to work with experienced, dedicated, real estate attorneys with extensive backgrounds in landlord/tenant law, and can review all contracts you might need in your small business. Learn more here, or sign up now!

Debbie Ferguson 6/3/21 Debbie Ferguson 6/3/21

Avoiding Common Home Buying Pitfalls

Buying a home can be both exciting and terrifying, so it's no surprise that many find the process overwhelming, and find themselves unprepared for the details and work involved. If you're a first-time home buyer or are unfamiliar with the process, mistakes can happen, and when it comes to purchasing a home, there isn't any room to learn as you go. Mistakes can cost thousands of dollars or even the chance at buying your dream home. With that in mind, here are a few things to consider when buying a home:

Think About The Financial Aspects

Common sense tells us that home ownership can be expensive, but it is worth taking the time to account for the costs involved in the houses you're considering. First is the upfront costs - the down payment and closing costs - and although you may be able to make a smaller down payment, that will eventually translate into a higher monthly payment, and, potentially, higher home owner's insurance. Then, there are moving costs, property taxes, and home insurance, and, potentially, the costs of renovations, alterations, repairs, and maintenance... it all adds up.

Getting approved for a loan isn't the end of the financial process: it's the beginning. Credit lenders check your credit when you apply for a loan, and again right before closing, and if there is a significant change to your credit score in between those times, it can put your home loan at risk. Prospective home buyers should put any shopping off until after closing, and spend that time paying down credit balances and other debts.

Finally, there is the mortgage itself. Making the mistake of looking at homes before you've been approved for a loan amount can not only lead to disappointment, but in getting a house you ultimately cannot afford. Considering how much you can really afford each month prevents you from overextending yourself and risking foreclosure and losing everything you've put into your new home. Before you even start looking at houses, calculate your income to debt ratio and your other obligations. Factor in saving for a down payment and figure how long it will take you save that amount of money. Getting your finances in order is the first step to getting the loan you want for the house you need.

Shop For The Right Loan

Eager and excited home buyers often start by looking at homes, trying to find the perfect fit, often leaving the loan process until later. Some even choose to go with the first lender that pre-qualifies or pre-approves them. And while they may be offering a good loan, it may not be the best loan or deal for you and your needs. A home mortgage is a long-term commitment, and usually the biggest expense you'll have for years to come. It pays to shop around for the best offer, particularly when it is your first mortgage. Asking others or a professional for advice is usually the best course of action.

Don't Ignore Problems

It's easy to fall in love with a particular house, the neighborhood, or its location, but that may cause you to overlook some fairly serious problems. You may overlook serious problems or think that major repairs might have easy fixes or that you can live with the problems for a while. Most homes are going to have some issues, but problems with the foundation, roof, structure, heating and cooling systems, plumbing, and electrical are almost always very costly repairs and should be red flags for additional consideration. Getting a thorough home inspection done is part of the closing process, but you can usually see major problems on your own. Not every issue is a deal breaker, and if it is your perfect home, you may be willing to tackle the repairs and renovations. But it is still very important that you identify every problem, not only so that you can determine what needs repaired and what it will cost, but also so that you can perhaps negotiate a better sales price based on repair costs.

Ask An Experienced Real Estate Attorney For Advice

Think this is out of your budget? With our individuals and families legal subscription plan, you'll have access to qualified, experienced attorneys in your area 24/7 to go over contracts, agreements, and other real estate documents before you sign! These document review services are available at no extra charge when you sign up for a legal subscription plan. Avoid potential pitfalls in the home buying process and even when negotiating repair work. Learn more about our subscription based legal plans here!

Home Buying Pitfalls

Debbie Ferguson 5/27/21 Debbie Ferguson 5/27/21

Common Small Business Contract Clauses

`Closeup of manicured hand signing paperwork`

Contracts commit your business - and sometimes you, personally - legally, so all contracts should be read thoroughly before signing; that's a given. Having an attorney look over any contracts that affect your business is usually the best plan, but, for many small businesses, keeping a lawyer on retainer isn't in the budget. Our legal subscription plans for small businesses let you run contracts, agreements, and other important documents by your lawyer any time for just one, low, monthly fee. You can learn more at this link, but in the meantime, let's take a look at some common clauses in small business contracts and agreements.

Identities of the Parties

The most basic information included in contracts is details about to whom the contract applies, or the parties involved. There are a few distinctions: is the agreement or contract between individuals? Business entities? A combination of the two? Using your personal name on a business contract instead of your business name might make you personally liable to what would otherwise be your company's contractual obligation.

Rights & Responsibilities

Contracts need to be completely transparent regarding the rights and responsibilities of each party involved. Contracts may allow buyers the right to inspect deliveries before payment, for example. Both sides need to understand what is required of them and what they are risking according to the terms of the contract.

Merger/Integration Clause

A merger/integration clause states that only the full and final clauses agreed to during negotiation are contained in the contract and are the complete and final version. This will prevent disagreements at a later date regarding disputes between any previous version or verbal agreements and the final, written version.

Indemnification Clause

If a party to a contract believes another party to the contract presents some risk of liability through the second party's actions that are out of the first party's control, an indemnification (or indemnity) clause can provide some protection. A retailer who does not want to be held liable for a manufacturer's defective product harming a customer would probably want an indemnity clause included in the contract. The same might be said of the manufacturer who doesn't want to be held liable if the retailer demonstrates their product in a way that it wasn't intended and might be dangerous. Indemnity clauses can be mutual; all scope and duration of indemnity should be negotiated between the parties, and with lawyers, if possible.

Insurance Provisions

Indemnity clauses don't always provide enough protection, so insurance clauses are common, and they cover any losses or damage resulting from mistakes, mishaps, or negligence. Contracts need to clearly state whether one or both parties are to obtain insurance and the amount and type of coverage.

Contract Termination

There are many situations where you may want to end a contract early, and termination clauses build in conditions under which this is possible. Termination clauses usually allow for cancellation either unilaterally or by mutual consent or in the event that one party has defaulted or breached the contract terms. Termination is not the same as not abiding by the contract terms: make sure to meet all your contractual obligations while attempting to terminate a contract.

Dispute Resolution

Most contracts spell out how disputes are handled, specifying time frames and forums, and types of resolution. Legal action is usually an option, but most businesses try to avoid it to minimize distractions from running their business.

Contract Term & Renewal

Avoiding additional commitments can be handled with a contract term clause that specifies the duration of the contract and when/how it can be renewed. Some contracts may renew automatically if we do nothing, so it is always important to read the fine print.

Understanding each contract or agreement you sign is very important, and the expertise of an experienced contract attorney can be invaluable. Members of our legal subscription plans can have even the most confusing and complex documents reviewed and evaluated by an attorney. Learn more about this valuable service, or sign up today!

Contract Clauses

Debbie Ferguson 5/20/21 Debbie Ferguson 5/20/21

Differences Between Corporations & LLCs

`Three people at a meeting with paperwork, computers, and coffee cups`

Deciding between a Corporation and an LLC often comes down to small details when a new small business owner is building a new business. Choosing the right entity for your business means taking a long look at all the considerations.

It is always best to seek the advice of an experienced small business lawyer, consultant, or accountant before you start (and our small business legal subscription plans are the perfect, in-budget solution for small business startups!), but here is a brief overview of the differences between a Corporation and an LLC.

Legal Entity VS Tax Entity

There is a difference between a Legal Entity (an LLC or Corporation) and a Tax Entity (C-Corps and S-Corps VS Sole Proprietorship/Partnership). A tax entity is how the IRS (and some state tax boards) classifies the business. The legal entity is how the courts, the state, and partners view the business. For instance, a corporation (the legal entity) gets a C-Corp or S-Corp tax designation and a tax entity; however, an LLC (the legal entity) gets to decide how it is classified: as a sole proprietorship/partnership or C-Corp for tax purposes, as there is no LLC tax entity. LLCs are then designated, for tax purposes, one of the other tax identities, typically, the tax type that has the most benefits for the business.

Speaking of Taxes...

LLCs have flexibility with their tax designation that corporations don't. A disadvantage of the corporation tax designation is the "double taxation" implication. Corporations' profits are taxed (corporate tax), and then shareholders are taxed on their dividends (individual tax). S-Corp designations allow for flow-through taxation (eliminating the corporate tax), but there are requirements to qualify for this designation, and some requirements may not be ideal for some businesses. Some businesses may have no choice except the C-Corp tax designation and accept the double taxation.

An LLC, regardless of organization and structure, chooses how it wants to be taxed. An LLC is treated like a "pass through" corporation by default (single taxation), but it can choose to be treated like a C-Corp or an S-Corp if it qualifies. While choosing double taxation may seem counter intuitive, but it does make sense in some situations, though this is rarely the case.

The taxation differences between an LLC and an S-Corp are more nuanced, as both offer pass through taxation (no double tax), but the LLC's distribution of profits are then subject to employment taxes, while an S-Corp's dividends are not. Careful planning means that some businesses can avoid the employment taxes by becoming an S-Corp. However, S-Corps require a lot more paperwork which may deter some businesses from choosing this entity type. As always, new business owners should consult with a small business professional - such as an attorney or a consultant - before making this choice for their new business.

Business Ownership

Shareholders are the owners of a corporation, while the owners of an LLC are members, and there are other differences besides just the names. LLCs can distribute their stakes in ownership regardless of the amount of capital a member has put into the business. A C-Corp can achieve the same result by creating a stock class structure while an S-Corp must have a single class of stocks with dividends distributed proportionally to the amount of capital put in by each shareholder. Creating unique classes of stocks means agreeing to the double taxation.

The management structure of an LLC is usually centralized, meaning that any member can act as a manager and the LLC can choose to have no distinction between the LLC owner and the manager. A corporation must have a Board of Directors to handle management responsibilities and corporate officers running the day-to-day operations. Shareholders are considered owners as a class, but are separated from business decisions except to approve major corporate decisions and to elect directors. Individual shareholders may be elected to be directors or appointed to be officers.

Legal Considerations

The corporation designation has been in existence for hundreds of years, meaning that, as the form has matured, the laws for corporations are virtually uniform. Centuries of case law precedent exist to resolve disputes involving corporations, and financial experts can comfortably guide a corporation knowing how the laws will work.

LLCs are relatively new. LLCs began to be recognized in the 1970s, and with characteristics of both corporations and sole proprietorships/partnerships, an LLC is a "newer" type of legal entity. These dual characteristics mean that states may have different laws and regulations in how LLCs are treated.

Though there can be some similarities to how LLCs are treated state-to-state, there are enough differences that some businesses even choose to be an LLC in one state but a corporation in another. Eventually, laws governing LLCs in the United States should become more uniform, but for now, these discrepancies can be enough to be the deciding factor when a new business owner is structuring their new enterprise.

Helping new business owners understand the legal and tax implications of their new business entity is why I started my business consulting firm. I have helped dozens of businesses through the research, documentation, and filing of forms for small businesses and look forward to helping you and your small business, too!

If you want to start getting the paperwork for your startup handled quickly, easily, and conveniently so you can focus on your business, call (208) 755-8335 or email me at debbie@debbieaferguson.com for an appointment today!

Debbie Ferguson 5/13/21 Debbie Ferguson 5/13/21

Have An Attorney Draft Your Will At No Cost

`Close up of gavel with judge signing papers in the background`

The overwhelming and complicated nature of wills is why a majority of Americans don't have a will, among the most important legal documents in the average American's lifetime. In fact, most Americans fail to make out a will before passing away.

Making a will can seem like a daunting task, but passing away without a will leaves you and your family without any control of where assets go or who will care for your children, leaving those decisions solely up to the court system.

The good news is, our individuals and families legal subscription plan comes complete with estate planning at no additional charge. That's right: sign up for an individuals & families legal subscription plan and you will be able to have your will created by experienced estate planning attorneys at no additional cost to you.

Having an attorney walk you through creating your will and other estate planning will help make sure that your will is complete, accurate, enforceable, and legal in your state. Your attorney will be able to help you make decisions you know need to be made and probably help you address issues you hadn't thought of yet.

Some issues to consider while drafting your will with your attorney:

Who will receive your assets? Your house, money, cars, and other belongings?

Who will be the Executor or Representative for your will?

This person will need to know where your estate documents - including your will - are located in the event of your passing, and will make sure that your wishes are carried out, so this needs to be someone you trust.

If you have minor children, who will be the appointed guardian?

Without a will, the courts of your state will decide who will be the guardian of your minor children, so this is definitely one of the most important aspects of your will. Your will needs to be as specific as possible when it comes to scenarios that can happen over time, such as, what happens if your chosen guardians get divorced, pass away, move to another state, etc?

Make sure that the names of anyone in your will and their relationships to you are spelled out in your will. Be specific with names: instead of saying "my wife" or "my husband," use their full legal names and double check the spelling.

Finally, making sure that your will is enforceable means that it must meet the legal requirements for a will in your state. Each state has its own laws that govern the requirements that wills must meet. Knowing what those requirements are and how to meet them is much easier with the help of an experienced estate planning attorney.

As a member of our legal subscription plans, starting your will is easy.

From the app, tap the "Start Will or Other Document" tile and fill out the short questionnaire about your marital status, your assets, and final wishes. When you are finished, tap "Submit to Provider" and the answers will be sent to your provider attorney to start drafting your will. Your attorney will call you and review your answers and ask any additional questions to complete your will. Within two weeks, you will receive your finished will. From there, make sure to follow your attorney's instructions to have your will properly executed. And, if you ever have further questions or need assistance, your attorney is only a phone call away.

Don't wait until it's too late to have these important documents finalized. Sign up today to get your free will drafted by experienced lawyers! With our legal subscription plan, you will be able to have a lawyer assist you with your estate planning or any other personal legal matter for just one low, monthly fee.

Debbie Ferguson 5/6/21 Debbie Ferguson 5/6/21

Avoiding 4 Common Small Business Startup Mistakes

A small business owner will have legal questions or concerns at some point. From deciding on the type of business entity to form, to contract reviews and negotiations, to worker classifications and employment regulations, there are dozens of times that small business owners need the assistance of a qualified small business attorney. Here are four of the most common mistakes small business owners make:

1) Selecting the wrong type of business entity.

There are a number of options to choose from when forming your new small business, from sole proprietorships to LLCs to corporations, and the type of entity you select will have far-reaching ramifications. Tax treatments, sale of interest in the business, and personal liability are among the most common impacts based on your business type. Sole proprietorships can leave your personal assets - your home, cars, savings, and more - at risk if your business is sued or cannot repay a debt. Partnerships can leave you responsible for liability from the actions of a partner. LLCs and corporations protect your personal assets and limit your liability, but there are tax considerations to consider, as well. For these reasons, it's important to seek the advice of a qualified professional business consultant or small business attorney before making these decisions.

2) Incorrectly classifying workers

It is a business owner's responsibility to correctly classify workers with the IRS, and to know how the IRS's definition of what makes one worker an independent contractor and another an employee... and what that means for your responsibilities for each worker. The primary reason for worker classifications is for the determination of taxes and record-keeping. In general, if you control when, where, and how work is done, your worker is an employee and not an independent contractor. Failure to report an employee - or incorrectly report an employee as an independent contractor - can have serious fines and penalties, so if you have questions about whether a worker is an employee, it's best to ask an attorney with experience in employment law.

3) Discovering a problem with a contract you already signed

This is a challenging situation for anyone to find themselves in, and can lead to major problems for a small business, including potential income loss or a business relationship souring. Contracts should accurately describe duration, cost, responsibilities, and other details in a way that each item is clearly defined. Having a contract attorney look over contracts before you sign them is the easiest way to minimize risk.

4) Failing to protect intellectual property

If a competitor started using your business name or selling products identical to those you've developed, what options would you have? Artists are protected by copyright laws, and, in much the same way, your business can be protected by registering trademarks and patents. These laws were put in place to protect inventors, innovators, and businesses from copycats and those who seek to profit off your hard work. A trademark and patent attorney can help small businesses protect their inventions and products by assembling patent and trademark applications and making sure all the legal boxes are checked.

Many of these legal challenges can be avoided by consulting with small business specialists and attorneys, but many times, it just isn't in the budget to pay hourly fees for these services, especially if you're a startup. But what if there was a low-cost solution so your small business can have access to qualified attorneys? As a member of our legal subscription services, you have access to experienced, dedicated, professional law firms with expertise in small business legal matters to answer your questions and give advice throughout your small business journey. You can get contracts reviewed, ask legal questions, and even have attorneys send out debt collection letters or make phone calls on your behalf.

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Debbie A Ferguson Inc.