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From the blog

Thoughts on planning ahead.

Articles on estate planning, business planning, and the questions that come with them.

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Business Planning

The ABCs of Employee Retention

One of the critical issues for small businesses is employee turnover and the costs that come with it. For instance, if a secretary quits, the task of finding and then training a new secretary can be crippling to a small business with tight margins. This cost or loss is intensified when the newly hired and trained secretary also leaves. Resources have been expended, time and patience are exhausted, and there is a considerable risk that it will happen over and over again.

By Curry Andrews, Attorney
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Estate planning after a divorce is often overlooked.

Estate Planning

How Does Guardianship Play into Divorce and Blended Families?

There are estate planning situations that simply scream for careful thought and preparation. Divorce is obvious because it would typically be a problem if a former spouse has control of your assets and absolute control over the raising of the children. Blended families are another common situation. Choices regarding separate and jointly held property have to be made as well as potential issues that might arise regarding minor children and will arise regarding eventual inheritance. (e.g. Does grandma’s house go to the other spouse’s children as well as your children?) Lastly, guardianship is a powerful tool but also a potential point of contention. Which side of the family would be responsible in the event someone has to raise and provide for the children? That’s often a very difficult question to answer.

By Curry Andrews, Attorney
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Laptops are cool...but do you absolutely need one?

Business Planning

My Take on Office Equipment for Small Businesses

When starting a company, office equipment can be a very difficult issue due to the high cost and the sheer number of competing products. To a degree, the decision on what brand to go with depends largely on your expected use. For instance, if you are a GIS mapping consultant, your needs will deviate significantly from a daycare provider or a solo practice attorney. Coming from a personal perspective, I recommend the following brands within a series of different product categories.

By Curry Andrews, Attorney
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When you cut the cake, don't cut your partners!

Business Planning

Should I Require My Business Partners to Get a Property or Prenuptial Agreement?

Let's be honest, prenuptial agreements have a bad rap. The most common attitude toward these sorts of property agreements is that they are effectively nothing short of planning to get a divorce at some time in the future. They are often viewed as unfair toward the disadvantaged spouse and cruel and selfish in nature. But is that really the case? If we are talking about some super wealthy tycoon and the brand new trophy spouse, well maybe that's exactly what a prenup would be. But in a business context, a property agreement that shelters the other owners from being forced into partnership with someone who is an outsider might be a more reasonable and responsible use.

By Curry Andrews, Attorney
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Do you really want to schedule that expensive consultation? Or just call "your" lawyer?

Business Planning

What is the Benefit of having a Retainer Agreement for Outside Counsel?

It’s fairly straightforward to explain. Many companies are “outsourcing” certain services like accounting or human resources. Why not outsource legal counsel too using a retainer agreement? In brief, a “retainer” is an agreement that helps an organization have an attorney at its immediate disposal…without the substantial cost associated with having full time, in-house counsel. This arrangement not only facilitates a closer relationship between businesses and their counsel but also offers a myriad of advantages, from financial predictability to immediate access to specialized legal expertise at a lower overall cost.

By Curry Andrews, Attorney
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Don't set sail without loading your cargo first!

Estate Planning

What is Involved in “Funding” my Trust?

To put it simply, “Funding” is transferring your ownership or interest in property into the trust. If you think of your trust as a vehicle for transporting your assets to your heirs, then it’s easier to picture loading them into your trust. The reason why this is so critical is that if property or assets are NOT transferred to your trust, then they will have to be transferred, either to the trust, or to your heirs through some other process.

By Curry Andrews, Attorney
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We find against the Respondent for failure to properly apprise their employee of expectations...

Business Planning

Do You Have an Employee Handbook...?

If you don’t, you definitely should have one! It’s not legally “required” but not having an employee handbook leads to legal risks (like discrimination/harassment lawsuits), inconsistent management (unfairness), poor onboarding, low morale, high turnover, and difficulty proving compliance during audits, creating confusion about policies (pay, leave, conduct) and undermining a company's defense in disputes. It leaves companies vulnerable to claims, damages culture, and signals disorganization to regulators and employees alike, despite not always being explicitly illegal to lack one.

By Curry Andrews, Attorney
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Is it really the company or is it just you? That's the key question.

Business Planning

My Company is Supposed to Protect my Assets, Right?

That depends. When a business fails to meet its obligations like by breaching a contract or committing a tort (e.g. like injuring someone), injured parties may try to hold the business’ owners personally liable. The most common legal tool to get to the owners’ assets is the doctrine of “alter ego” liability. This doctrine allows courts to pierce the corporate veil and treat the business and its owners as one and the same – “alter egos.” Get it? Piercing the corporate veil, however, is not granted lightly—courts carefully scrutinize the facts and do so differently in cases involving tort claims versus cases involving contract disputes.

By Curry Andrews, Attorney
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Who, exactly, will benefit most from this deal?

Business Planning

Risks and Rewards of Owner-Carry Contracts

When selling personal property like vehicles or real estate or business interests, owner-carry contracts will often come into the picture. An owner-carry contract (OCC) is a private contract between the buyer and seller setting out the terms of the arrangement. Typically, a financial institution or title company is not involved in the property transfer and in monitoring the payments, etc.

By Curry Andrews, Attorney
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This tragedy could have been avoided.

Business Planning

How to Keep Your Family Business from Featuring on Shows like the Cold Case Files

The U-Haul company was founded by Leonard Shoen who had thirteen children. Following his death, a vicious power struggle over the company erupted primarily between Samuel W. Shoen (the former president) and Edward “Joe” Shoen (the chairman). It lasted for decades and involved physical altercations, libelous accusations, lawsuits, corporate maneuvering and family drama allegedly including the murder of Samuel W. Shoen’s wife… Eventually, Edward “Joe” Shoen managed to consolidate his control of the company, and the disputes settled down into seething sibling antagonism and mutual hatred.

By Curry Andrews, Attorney
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Keep it all in the family!

Estate Planning

What is a Family Limited Partnership?

An FLP is a type of limited partnership formed by family members to hold and manage family assets. Typically, parents or grandparents will form the FLP and serve as general partners, maintaining control over the partnership’s operations. Other family members are brought in as limited partners, receiving ownership interests but having little to no control over day-to-day management and limited liability!

By Curry Andrews, Attorney
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Planning ahead is just prudent!

Business Planning

Do I Need a Business Succession Plan?

Estate planning isn’t only about distributing your house to your heirs. If you own a business, it is also about protecting this most valuable asset. Without proper planning, issues will arise regarding who will take over leadership, whether the business should be sold, or how ownership interests will be managed. Failure to account for these crucial steps can result in the loss of the business or a loss of significant portions of its value.

By Curry Andrews, Attorney
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Don't let debt slow you down!

Business Planning

Debt: Anchor or Sail?

I grew up in New England, and sailing in the Long Island Sound and along the rocky northern coast is among my fondest memories. Regarding sailing terms: An anchor, naturally, is used to limit the movement of the sailboat. It’s heavy, has arms or cups to help it grip the bottom to keep the boat in place. A sail, on the other hand, is used for motive power. By harnessing wind, the sail transmits kinetic energy through the mast to move the boat. The first holds in place or restricts movement, and the second generates power to move forward.

By Curry Andrews, Attorney
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That might work!!!

Business Planning

So, You’re Starting a Business? What’s Next?

Many small businesses entrepreneurs have great ideas and the energy to reach out and start, but what comes next? Most small businesses owners report issues with finances, difficulties in reaching customers, obtaining workable contracts, operational hurdles like managing cash flow, securing funding, hiring – retaining – and managing employees, and managing risk like regulatory changes, inflation or unanticipated competition… It can be overwhelming.

By Curry Andrews, Attorney
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Inflation: It's going up again!

Business Planning

Hedging Against Inflation

Rising inflation can be terrifying. In the face of it, safeguarding the value of your hard-earned money has never been more critical. As we all know, the continuous increase in the prices of goods and services can erode purchasing power, leaving individuals and families struggling to maintain their standard of living. In this article, we delve into advanced techniques designed to not only preserve but potentially enhance your purchasing power in an inflationary economic environment. I will draw upon expert insights and innovative strategies to provide a roadmap for those looking to navigate the complexities of the financial landscape with an eye toward inflationary pressure.

By Curry Andrews, Attorney
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Don't just lock the door...

Business Planning

Do I Need to Formally Close My Business?

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits.Dissolving a business can seem overwhelming, but with careful planning and the right legal guidance, you can protect your interests and ensure a smooth transition. An

By Curry Andrews, Attorney
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Is a trust for me?

Estate Planning

Common Misconceptions About Trusts

Here are some of the most common misconceptions about trusts:§ Trusts are only for the wealthy… Trusts are not exclusively for the wealthy. In fact, the wealthy can afford a complex probate, but the less advantaged folks cannot. Trusts can be beneficial for individuals or families with varying financial backgrounds, because they offer advantages like avoiding probate, maintaining privacy, and ensuring assets are distributed according to one's wishes without the cost of a probate matter.§ Trusts

By Curry Andrews, Attorney
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I don't know...I don't know...

Estate Planning

Abating Existential Dread by Building Connections with your Ancestors and Legacies for your Descendents

General anxiety can be driven by a lack of connection with the past and uncertainty about the future. This is often linked to what is termed, “existential dread” or “existential anxiety,” which is essentially a feeling of uneasiness about the fundamental nature of one’s existence or place in the ongoing march of events in human history.

By Curry Andrews, Attorney
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An estimated 91,000 children are forced into slavery in Ghana alone...

Estate Planning

Can You Enhance Well-being Through Philanthropy?

Incorporating strategic philanthropy into one's life can profoundly impact psychological resilience and overall well-being. This concept goes beyond the simple act of giving; it encompasses a thoughtful approach to how and why one chooses to contribute to the welfare of others. One effective strategy is to engage in cause-related philanthropy, which involves identifying and supporting causes deeply resonant on a personal level. This approach not only maximizes the impact of charitable efforts by aligning with one's values and passions but also enhances emotional engagement and satisfaction. Furthermore, by setting concrete philanthropic goals and regularly assessing the impact of one's contributions, individuals can foster a sense of purpose and achievement, which are critical components of psychological resilience.

By Curry Andrews, Attorney
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Can your company hold up?

Business Planning

What is a “Piercing the Corporate Veil” Action?

In corporate litigation, one of the most common challenges presented to legal professionals and claimants alike is the process of piercing the corporate veil. This legal action is intended to hold the individuals behind corporate entities accountable for the corporation's liabilities and misconduct. Understanding how such an action is undertaken will help you to implement better asset protection for your business. This article provides an overview of the strategies involved in piercing the corporate veil, reviews the conditions under which this approach may be pursued, and explains the evidentiary standards required, and the steps needed to avoid having your LLC or Corporate pierced.

By Curry Andrews, Attorney
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Glad that's all done! But is it?

Estate Planning

My Estate Planning: Is It Done?

As estate planning evolves beyond the initial setup of wills and trusts, the importance of ongoing estate management comes into sharper focus. This comprehensive approach, essential for ensuring that one's legacy is preserved and intentions are accurately fulfilled over time, requires meticulous attention to detail and an understanding of changing legal, financial, and personal circumstances. In this blog, we delve into the critical aspects of continuous estate management, discussing the necessity for regular updates, the roles of advisors, and the impact of neglecting this vital component of financial planning. Join us as we explore the nuances of sustaining your estate's integrity, not just for your peace of mind but for the benefit of your heirs.

By Curry Andrews, Attorney
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