The legal obligations placed on both businesses and individuals are constantly changing. These changes come from obvious sources such as new laws enacted by legislatures and decisions by courts modifying common law principles. A good example is the Massachusetts Supreme Judicial Court’s decision last year modifying the duties of land owners with respect to snow and ice removal. Changes can also result from less obvious sources; for example changes to the rules of civil procedure with respect to discovery of electronic evidence adopted by the federal court and many state courts.
Nov
02
Our Bodies, Ourselves
Recently two very different events caused me to ask a very simple question: Whose body is it? The first event involved a man who allegedly killed his wife, but wanted to be in charge of the arrangements for her funeral. The second event was the death of my mother. While standing in the hospital room, I found myself wondering: “what happens now?”
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Oct
25
Using Arbitration Agreements Wisely
Arbitration is an increasingly popular way for many businesses to resolve their disputes, with arbitration agreements appearing in ever more forums; from supply agreements and other business contracts, to employment contracts, to consumer contracts. The advantages of arbitration, when compared to litigation in court, are often numerous. These include greater predictability of litigation costs, reduced litigation costs, and faster resolution of disputes.
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Oct
25
Checking Up on Your Charitable Donation?
If you are like me, you receive phone calls on an almost daily basis from various organizations seeking a donation. How do you know if the organization is a legitimate charity, or if you are about to be scammed? Massachusetts law requires all public charities operating in Massachusetts to register and file annual reports with the Attorney General’s Office Non-Profit Organizations/Public Charities Division. In addition, any company that is hired by a charity to perform solicitations on its behalf must also register with the Attorney General. Professional solicitors and commercial co-venturers are required to register charitable campaigns by filing Form 10A (solicitors) or Form 10B (co-venturers), and to submit annual financial reports for each campaign (Form 11A or 11B).
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Oct
25
Estate Planning for Disabled Children
If your family includes a disabled child or grandchild, there are special considerations when making an estate plan. A primary concern is to assure that that the disabled child (minor and adult) is provided for financially, so that he or she has an adequate quality of life and standard of living. There are two types of trusts that can be used to assist families in reaching this goal.
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Oct
25
The Many Costs of Divorce…
In our last newsletter, I promised to address the many costs of divorce, and started with the most obvious: legal fees. Dissipation of assets is another cost of divorce, whether contested or not. There are many assets that comprise the marital estate, but monetary assets pale in value to the truly irreplaceable assets of marriage: children. Regrettably, the cost to children of divorcing parents, often undetected at the time, can quickly become significant if unchecked. Whether the children of a marriage are minors or emancipated, divorce can still impose a major cost on them. In order to reduce the cost of divorce on their children, divorcing parents must be mindful to follow a few basic principles.
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Aug
20
The De Facto Parent
Non-traditional family arrangements are more common than ever. Single individuals are seeking to become the legal parent of a child outside of a marriage or committed relationship, whether biologically or through adoption. Often, the child’s legal parent enters into a relationship with someone who assumes caretaking functions for that child, and develops, over time, a significant bond with the child. When the relationship between the adults ends, it can present many emotional and legal difficulties with regards to the caretaker’s continued relationship with the child. This situation has been especially prevalent in the gay and lesbian community.
Aug
20
Tax Free Gifting
You may be aware that the federal estate tax, which was repealed for 2010, resumes in 2011 on estates with assets exceeding $1 million dollars. The Massachusetts estate tax remains in effect and also taxes estate assets over $1 million. In addition to worrying about estate taxes, the law also requires you to pay a gift tax, currently at 35%, if you gift more than $1 million during your lifetime. However, there are several simple, low cost strategies you can use now to transfer your wealth to family members without incurring significant legal fees or taxes.
About Our Law Firm
Proactive Consultation and Advice
Konowitz & Greenberg, P.C. is not your average law firm. Our unique approach to law both protects individual and corporate clients in the event of law disputes, as well as provides proactive consultation and advice to clients as they plan for success in their business and personal lives.
