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For many business owners, their business is one of the most valuable and important things they own. When it is time to sit down and create an estate plan, it is critical that business owners plan for their business just as they would plan for their home or finances. Effective...
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Financial powers of attorney are an important estate plan document and recommended for almost all estate plans, but there are some limitations with these documents. From my conversations with clients and their families, the following are some of the limitations that I find are good to know about ahead of...
The decision to amend a community association’s governing documents begins with an understanding of the community association and its governing documents; progresses through the formulation of goals for any new documents, identified based on weaknesses in or issues with the existing governing documents; and ends with an understanding of the...
A spouse’s death creates a difficult and demanding time for the surviving partner. As much as you might want space and time alone to process your grief, you may have certain responsibilities related to settling your deceased spouse’s affairs, including paying off their debt. Most Americans have some type of...
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An “F-reorganization” is a type of entity reorganization done primarily for tax purposes. It is a type of tax-free change under the IRS Code typically including a change in identity (i.e. name), or form of entity (LLC into a corporation). In order to realize the tax-free advantages, six requirements (set...
Community associations are controlled by a set of governing documents. The three main governing documents are the Declaration, the association’s Articles of Incorporation and its Bylaws. The governing documents relate to the community association in its dual role as a non-profit corporation and a community association (with restrictive covenants, conditions...
The Hellmuth & Johnson HOA practice group delivered their annual Spring Seminar on April 15th at 9:00 am. Topics for this webinar include information about: Cannabis Law & HOAs Solar Panels & EV Charging Updates on Status of HOA-Related Legislation this Term Presenters included: David Hellmuth Joel Hilgendorf Phaedra Howard...
A social early neutral evaluation is a process whereby the parties engage in a brief presentation of their case as to custody and parenting time with one or more neutrals and their attorneys present, to attempt to achieve settlement early on. The goal is to prevent prolonged litigation that often...
Homeowners’ associations are established for the benefit of all of the owners and residents within the community. A board of directors that is charged with managing the affairs of the association has a fiduciary duty to act in the best interests of the association as a whole. Part of that...
Beginning your retirement is a great milestone that is worth celebrating. You have put in many years of hard work, and you are now able to focus your energy on the next phase of your life. However, before you begin this next chapter, you need to make sure that you...
In Minnesota, the Initial Case Management Conference (“ICMC”) is the first time that a judicial officer meets with the parties, and it is an important opportunity to lay the foundation for the rest of your divorce case. The ICMC process was created to encourage settlement of the parties through early...