Breen & Person, Ltd.’s Legal Blog
A lot of phone calls and initial consultations I receive from those who have been involved in a motor vehicle accident are what does “no-fault” mean? Although somewhat self-explanatory, No-Fault refers to the type of benefits that are available to a person with injuries arising out of the maintenance or use of a motor vehicle regardless of who was at…
With an improving economy we are seeing more home construction. Many contracts for new construction or remodeling are very hard to enforce if things go wrong. The following is a list of things you should understand as a homeowner. The first issue is pretty simple, a written contract should attach or clearly reference any pictures, prints, plans or specs that…
This article is about the classification of a ‘worker’. As W-2s, 1099s, K-1s, and other tax documents make their way through the mail during this tax season, it’s a good time to think about the status of someone who is working for you or providing services to your business. Is that person an employee or not? And, why does it…
I typically get a lot of clients who are confused when it comes to workers’ compensation claims and what it means if the claim is accepted or if it’s denied. This may sound like an easy distinction, but in the world of workers’ compensation, it is not always abundantly clear. This article will help try to clear up any confusion.…
It is that dreaded time of year again when you drop off that pile of paperwork with your accountant and anxiously await the outcome of your tax return. Our accountant friends have been busy doing double duty working hard to digest and understand the new tax legislation that President Trump signed into law effective January 1, 2018. Regardless of your…
This is a question we often hear after a title company or realtor warns a client that they can’t close until they go through probate. The basic answer is that a dead person can’t sign a deed. That’s pretty obvious but I will give you several examples where people often think they will not need probate. The scenario that angers…
Attorney Laura J. Hansen is our author today, and she has written the following article about buy-sell agreements. In a previous article, Ms. Hansen discussed the importance of succession planning for business owners. For a business to withstand the test of time and become a ‘legacy’ business, the succession of ownership from one owner to the next owner or group…
When a person experiences a work place injury they are often confused as to what types of benefits they may be entitled to. Quite often I get phone calls and walk-ins wanting some guidance on what an accepted workers’ compensation claim entitles the injured worker to. This article will focus solely on temporary partial disability workers’ compensation benefit. Temporary Partial…
Retraining is a formal course of study in a school setting that is designed to train an employee to return to suitable gainful employment. Retraining is different from other forms vocational rehab assistance in that when an injured worker is granted retraining, they are also entitled to compensation while participating in an approved program. When an injured worker is precluded…
When you own real estate you also own any fixtures attached thereto. In general, a fixture is something permanently affixed to the land. A structure attached to a foundation, for example, or within a house, cabinets or fixtures that would require tools to remove from the walls, would generally be considered fixtures. If something is not a fixture, it’s considered…