It seems like a growing trend for people to buy a home prior to marriage or possibly with the intent of never getting married. Divorce can be an awful experience but at least there is a lot of legal precedent about how to resolve home ownership, possession and debts after the divorce. If you are not married, on the other…
We often hear of restrictive covenants in an employment setting, and typically these take the form of a non-compete and non-solicitation obligation in an employment agreement. In such agreements an employee may also be subject to confidentiality obligations and restrictions on use of proprietary information. Non-competes are often part of the consideration paid by a buyer to a seller in…
I often get questions from injured workers wanting me to give them an overview of how workers’ compensation works. In its most basic sense, workers’ compensation is when an employee gets hurt on the job and the employer’s insurance company pays for the injured workers’ medical bills and lost wages. Benefits may also be available if an employee sustains a…
Legal terms can be confusing. When a lawsuit is started it is very stressful time for those involved. So when you don’t understand a lot of terms that are being thrown around during a lawsuit, it only adds to that anxiety. One of the most important elements in any lawsuit is discovery. Discovery, in its most basic sense, is the…
Many have heard of the Statute of Frauds; the main focus of this statute is that agreements related to land need to be in writing to be enforceable. Here are some common scenarios that are not often reduced to writing and can lead to problems. Encroachment Issues: Neighbors often know and acknowledge that the neighbor’s driveway, garden or outbuilding is…
It probably goes without saying, but the terms and language used in your estate planning documents are so important. Whether you realize it or not, when you meet with your attorney, they are not only working to understand your wishes and your family dynamics, but at the same time running through various questions that help them determine the key terms…
A very stressful time that occurs for many is when they get served with a Summons/Complaint in a lawsuit. For those who don’t know what it Summons is, it’s essentially a notice from another person or entity (most likely from their attorney) that you are being sued. The Complaint that alleges the reasons you are being sued is often attached…
As we look at the ever changing family paradigm, we see a trend over the years of increasing divorce rates with the various generations. The so called “gray divorce” is on the rise. Statistics show the divorce rate for adults age 50 and older (Baby Boomers 1946-1964) has roughly doubled since the 1990s. The Gen – Xers (1965-1981) have a…
Many of us have gone through the process of listing and selling a home. We understand the basic agreements and documents that are needed, and these are commonly a listing agreement, purchase agreement, settlement statement, and eventually a deed that conveys title to the real estate from seller to buyer. If you have been through this process recently, you have…
I often field many phone calls regarding collecting on a money judgment someone has received in a court action. In these incidents, the holder of the money judgment is called a creditor. When I field these types of calls, it’s clear the person is frustrated. They have pursued a court action against another person or entity; have prevailed in court,…