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Contesting a Will — Answers to Your Questions

Thu, 17 Aug 2023 16:51:56 GMT

The death of a loved one is always difficult on many levels. But when those left behind have reason to believe that the person's will should be invalidated, it gets even harder. Few people have been through the probate process, and even fewer have experience with probate litigation. To help you navigate your legal issue, here are some answers to questions you may have about how will contests work.

What Is a Will Contest?

Objecting to the validity of a will is known as contesting it. Will contests are handled by the state's probate court. Probate court oversees matters regarding wills and estates, including determining which wills are valid. And if no valid will exists, the probate court directs the distribution of the estate based on its predetermined inheritance rules.

Who Can Contest?

In civil law, a party must have legal standing in order to bring a case before the court. For probate purposes, this generally means that the petitioner has a financial interest in the will. Obviously, then, those named as beneficiaries can contest it. In addition, creditors who may have a right to be paid from the estate before it's distributed to heirs have a legal interest.

However, even those left out of a will may have standing to contest it. Consider the will of an unmarried parent who leaves everything to one sibling but nothing to the other. If the will were deemed invalid, both siblings would likely inherit equally according to South Carolina intestate inheritance rules. So the sibling who was left out has a financial interest in determining if the will really is valid.

On What Grounds Can You Contest?

A person cannot contest a will just because they don't like what it contains. They must prove that there is a defect in the will which makes it legally invalid.

One of the most common defects is that the testator was not of sound mind when they signed the will. They may have been subject to undue influence, such as by a caregiver. Or the will might not contain the legal requirements to be valid in the state. And certainly, if you don't believe the will was actually written by them, you can challenge it.

What Can You Win?

So, if you successfully contest a will, what outcome can you expect? If the entire will is set aside, an earlier or later will may be deemed valid in its place. The new will's terms will be adhered to. If no other will exists, the state's intestate inheritance rules determine who inherits what.

You may also succeed in having just a portion of a will set aside. Perhaps your parent's will has a recent codicil, or memorandum, attached. You successfully argue that they were not of sound mind at the time the codicil was written. It may be set aside while the rest of the will is confirmed.

Can You Settle a Contest?

Few people enjoy going to court, especially after the loss of a loved one. The good news is that, as with most civil court cases, you can negotiate a compromise and settle out of court. The two siblings above might, for instance, agree to have the inheriting sibling give a portion to their disinherited sibling. While it may not be as much as the other wants, they save the cost and family conflict of a court battle.

Where Should You Start?

Contesting a will can be an uphill battle. The best place to start is to meet with an experienced probate litigation attorney in your state. At Shepherd Law Firm LLC , we've assisted beneficiaries and family members with all their probate concerns for more than 15 years. Call to make an appointment and learn how we can help you.

Estate Planning After Divorce

Thu, 09 Feb 2023 20:32:20 GMT

Divorce can be one of the most challenging times in a person's life. Not only do you split from your former spouse, but dealing with all the legal and financial ramifications can be stressful.

Among these financial considerations is estate planning after divorce. Whether you already had an estate plan before the divorce or have just gotten around to making one now, discover how your divorce impacts your estate planning and how you can adjust accordingly.

Why Do I Need to Update My Estate Plan After Divorce?

Discover why updating your estate plan is essential during or after divorce.

Update Beneficiaries

No matter the circumstances of your divorce, you probably do not want your ex-spouse to inherit your estate upon your death. If you had an estate plan before the divorce, you need to update the estate plan to ensure all of your wishes will be respected after your passing.

Note that in some states, the court automatically revokes any designation of a former spouse upon finalizing the divorce. However, update the estate plan, so no legal loopholes or unwanted surprises exist in the future.

Adjust Health Care Proxy and Power of Attorney

In many states, if you had previously granted your spouse medical decision-making authority, that is automatically revoked by the divorce. Therefore, if you already have a healthcare proxy in place, make sure to update it with someone else whom you trust.

The new person should be able to step in and make medical decisions on your behalf if ever needed. The same goes for power of attorney — go for someone who would best serve as your agent should anything happen to you where you are unable to make decisions yourself.

Update Your Will

A will outlines the most critical details about your estates. For instance, the will details how to distribute your asset after your passing and who will take care of your children if you pass away during their childhood.

Therefore, ensure that all the details reflect your wishes after divorce. Check for any changes that you need to make, such as removing someone from the will or adding new beneficiaries.

In the same way, if you had previously set up a trust, keep this document up to date to reflect your wishes after divorce. For example, depending on what type of trust you set up before the marriage dissolution, you may need to make some changes for the trust to remain valid.

How Can You Get Started With Estate Planning After Divorce?

If you have just gotten around to creating an estate plan or updating your current one after divorce, start by consulting an estate attorney.

The attorney will guide you through the process of setting up an estate plan that meets all of your needs. The professional will help decide which documents would be best for you and how to make sure to review these plans regularly over time.

Additionally, if you already have an estate plan, the attorney can review it with you and make any necessary changes.

Finally, the attorney understands estate planning better and can provide advice on what documents would be essential for your situation.

You can trust us at Shepherd Law Firm LLC to guide you through any estate planning changes after divorce. We have extensive experience and the expertise needed to help you create an estate plan that meets all your wishes with accuracy and precision. Contact us for a consultation on updating your estate plan. We will be happy to answer any questions you have or go over any concerns. Let us know how we can assist you.

4 Essential Documents You Need for Estate Planning

Fri, 06 Jan 2023 17:55:02 GMT

An estate plan benefits you and your loved ones because you plan for uncertainties such as incapacity, death, and disability. Estate plans involve many documents, but certain items are crucial in every basic plan. This article explores four such documents.

1. Financial Powers of Attorney

With a power of attorney, you can assign an agent to make legal or financial decisions on your behalf if you cannot do so. For instance, the agent can sell or buy real estate on your behalf, file taxes, or manage investments. A power of attorney can be a family member, spouse, or someone you trust to make wise decisions.

Financial powers of attorney can be durable or have a springing clause:

Durable power of attorney. The powers become effective upon authorization and hold until you revoke the authority or die.
Springing power of attorney. Your agent only acts in certain situations, such as if you are away or face a mental disability that renders you unable to manage your affairs.

A power of attorney only applies to the specific issues and transactions you indicate in the document.

2. Will

A will is a crucial estate planning document that outlines your final wishes. You express who you want to inherit your assets and how your affairs run. Also, you can determine the following factors in your will:

Who will take custody of your children who will still be minors at the time of your death
Who will take care of a child who needs special care
Who the executor or person is who will ensure the wishes of the will hold
What the powers and responsibilities of the executor are
What funeral provisions you have

The above requirements allow you to decide your dependents' best interests after you are gone.

Without a will upon death, the court will distribute your possessions according to your state's laws. Unfortunately, the distribution may not be what you want for your loved ones. So, you are better off if you write a will early enough. Then, appoint a responsible party who is not easily overwhelmed as an executor.

3. Trusts

A trust allows you to transfer assets into a trust that a third party manages on behalf of your beneficiaries. Then, upon death, your estate will distribute the assets to your heirs without probate proceedings. As a result, less money and time are necessary, and your beneficiaries can get the possessions immediately. Also, a trust provides tax savings if you have enormous wealth.

With trusts, you appoint a trustee to distribute the assets to the beneficiaries based on your wishes once you die. However, a revocable trust allows you to adjust the properties and conditions of the document. For instance, you can use the money or dissolve the trust. Finally, trusts allow you to distribute your wealth while still alive.

4. Advanced Medical Directives

An advanced medical directive states your end-of-life and medical care wishes. You select a representative and indicate your preferences if an illness removes your communication ability. For example, if you want your loved ones to continue medication to prolong your life, you can state your wishes in a health directive.

Advanced medical directives fall into three main categories:

Health care power of attorney. You state the party that makes your medical decisions in the event of incapacitation.
Living will. The document outlines the types of care — e.g., CPR and life support — you want and those you do not want.
Do-not-resuscitate order. The document guides your medical practitioners not to perform CPR if you stop breathing.

The directives above prevent future disputes regarding your healthcare.

If you plan to create an estate plan, hire an attorney with experience in the said documents. At Shepherd Law Firm LLC, you gain access to excellent attorneys who advise and help you draft all necessary documents. Contact us today to book your consultation for all your estate legal needs.

How Do You Avoid a Will Contest?

Fri, 06 Jan 2023 17:49:01 GMT

A will comes in handy to ensure that your chosen beneficiaries are taken care of and that your wishes regarding your estate, assets, and other matters are carried out. In addition, the document protects the rights of your family and loved ones after you pass away.

Unfortunately, disputes over wills may sometimes arise, leading to legal issues such as a will contest. Discover what a will contest is and how you can avoid one.

What Is a Will Contest?

A will contest is when a party goes to court to claim that a will is invalid. For example, a contest may occur if someone believes that the will does not reflect the deceased's true wishes or that it disregards their interests unfairly.

How Do You Prevent a Will Contest?

You can do a few things to avoid a will contest.

Start Estate Planning Early

Procrastination is a common issue in estate planning. However, the longer you wait to start your estate plan, the higher the chances of a contest arising in court after you have passed away.

For example, if you wait until old age to embark on estate planning, some people may claim that you were not in your best state of mind and didn't know what you were thinking. So, don't wait until you are completely sure of what you want to do. Instead, start now, then update your plan later if something comes up.

Include the No-Contest Clause

The no-contest clause is a provision in the will that states that any beneficiary who challenges its validity (in other words, contests it) will not receive anything from the estate.

While this may seem extreme and unfair to some, this clause incentivizes beneficiaries to avoid contesting the will, as they would lose out on their inheritance if they did so.

However, note that the no-contest clause does not apply in all states. So, to be safe, check your state's laws before including this clause in your will.

Involve Your Beneficiaries

Including your beneficiaries in the estate planning process can benefit both parties. Not only does it help to ensure that everyone is aware of their roles, but also minimizes potential issues and disputes down the line.

Involvement from the beneficiaries can include discussing allocations, helping with the distribution of assets, or simply being present when you review the will.

Update Your Will Regularly

Estate planning does not end with the creation of a will. Life circumstances and relationships can change over time. So review your will periodically to ensure that it still reflects your wishes.

For example, suppose you get married. You may need to update your will to include your spouse. In the same way, if you adopt a child and you wish to include them in your will, then you must update the will. And if you undergo divorce or separation, your will must reflect those changes.

Consult an Attorney

Attempting the DIY estate planning route can be risky and potentially lead to a will contest. However, working with an experienced attorney ensures the accuracy and validity of your will, preventing possible challenges or disputes in court.

A good attorney should also provide useful advice regarding other matters, such as taxes and probate procedures, ensuring that all relevant regulations are met. Also, since the attorney is not biased, they can help to ensure that the estate is allocated fairly and accurately.

You can trust us at Shepherd Law Firm to secure your estate planning and help avoid a will contest. With years of experience in the field, we provide professional legal services that ensure your will's accuracy, validity, and fairness. Contact us for a consultation.

6 Reasons Everyone Needs an Estate Plan

Wed, 19 Oct 2022 18:27:28 GMT

Many people believe that only the wealthy need estate plans. Sadly, these people can leave their heirs in trouble when they pass away without an estate plan. Without an estate plan, your loved ones will not know your wishes upon your demise and will often have to guess.

Discover six reasons why everyone needs an estate plan.

1. Avoid Confusion and Conflicts

Passing without an estate plan can cause chaos for your family and might damage relationships. Your heirs might argue over asset distribution. These family conflicts will lead to a waste of time and money.

Make an estate plan to protect your loved one from these conflicts. State how you want your assets to be distributed and managed upon your demise. Also, choose someone you trust to be in charge if you become mentally incapacitated.

2. Avoid Probate

Probate is the legal process of reviewing a deceased person's assets and determining heirs. The probate process determines whether the deceased individual has a will and if the will is valid. If the deceased does not have a will, the probate court will appoint an administrator to oversee the estate.

The administrator will act as an executor, receive all legal claims against the estate, and pay off outstanding debts. The probate process can be expensive and time-consuming.

You need an estate plan to avoid probate and help your loved one avoid exorbitant probate costs. Hire a licensed attorney to help you with estate planning. Rely on this attorney's legal expertise to create a valid will.

3. Minimize Estate Taxes

Estate plans offer practical options to reduce state inheritance taxes. For instance, your inheritors will pay an income tax on the money they get in a traditional IRA. You can avoid this tax by leaving them money in a Roth IRA.

Consult an attorney to learn advanced estate planning techniques married couples and individuals can employ. These techniques will help to legally reduce inheritance tax or avoid it completely.

4. Protect Beneficiaries

An estate plan will protect your beneficiaries upon your demise. It will allow you to appoint a guardian and trustee for your minor dependents. This person will oversee the minor's finances and needs until the minor becomes a legal adult.

Naming a guardian will also ensure your relatives do not fight over who gets custody of your minor kids after your death.

The estate plan will protect adult dependents from outside influences, divorcing spouses, and creditor problems. Take precautions to ensure your adult beneficiaries do not make bad decisions with their inheritance.

5. Protect Assets

A key part of estate planning involves asset protection planning. The plan is to protect your assets during your lifetime and your dependents after your death. You will create barriers around your assets to keep them safe from creditor claims, hefty taxes, and litigation.

Consult a lawyer to learn how to set up a trust for asset protection. The attorney will educate you on how trusts work and their roles in estate planning.

6. Make a Plan for Pet Care

If you have pets, you need to decide who gets custody when you die. You may also need to set up a pet trust to provide funds to cater to the pet's needs.

No one knows when they will die, so get an estate plan as soon as possible. Do you need an estate plan? Contact us today, and our experienced attorneys will help you create one. We will be happy to go over any questions or concerns you have about any aspect of estate planning. That way, you can have peace of mind for the future.

5 Common Estate Planning Myths Debunked

Fri, 16 Sep 2022 15:00:25 GMT

Common myths about estate planning confuse and mislead people about how it works and what its benefits are. These myths make many people believe that estate planning is not for them. Sadly, this kind of thinking may leave their loved ones with financial and legal obstacles when it’s time to distribute their assets after they're gone.

Read on as this blog will debunk five common estate planning myths.

1. Only Older Adults Needs an Estate Plan

Many individuals in their 30s and 40s feel they're too young to need an estate plan. Instead, they claim they'll consider estate planning once they retire. Sadly, life is uncertain, and you never know when you'll die.

It's wise to invest in estate planning from a young age to manage life’s uncertainties. An estate plan will highlight how you wish your assets to be managed and distributed after death. In addition, the estate plan will protect your young kids and mitigate any family disagreements.

Also, estate planning at a young age will help you track your assets and build wealth.

2. Estate Planning Is Only for the Wealthy

It's logical to believe the misconception that only rich people need estate plans. You may think that only the wealthy can afford the legal fees of creating an estate plan. However, everyone needs a plan on how their assets will be distributed and managed when they're gone.

Even if you're not rich, you likely still have assets such as your home, retirement savings, life insurance, etc. You need an estate plan to give instructions on how these assets will be distributed once you're gone. Leverage your estate plan to create trusts to distribute your assets without any interference from the court system.

Also, it's a myth that only the rich can afford to hire estate planning attorneys. Many lawyers will charge a reasonable fee to create your estate plan.

3. Married People Don't Need Estate Plans

Many married people believe they don't need estate plans as it's unlikely they'll die at the same time. They assume that any jointly held assets will automatically pass to the surviving partner upon the first partner's death.

But what if there are other dependents or the surviving spouse remarries? And what if both of you die at the same time? The only way to address these concerns is to develop an estate plan.

4. Estate Planning Is Only About Money

Many people perceive estate planning negatively because they assume it's all about money. They assume estate planning is only for people who only want to protect their wealth, yet this isn't the case. Estate planning is about more than money; its primary focus is on your loved ones and protecting them when you're gone.

A well-structured estate plan will help your family avoid a lengthy probate process. In addition, it'll simplify asset distributions upon your demise. Estate planning is more than money; it's about love and family.

5. Estate Planning Is Only About What Happens When You Die

Estate planning is more than about what happens after you're gone. A comprehensive estate plan will appoint people to act on your behalf under specified circumstances while you're still alive. The idea is to leverage power of attorney to protect your assets and welfare.

Estate planning is beneficial to everyone, and it's not only for the rich or older adults. An estate plan is an effective tool that helps protect your dependents and share your wishes on how your assets should be managed when you’re no longer around.

Issues That Might Complicate the Probate Process

Mon, 15 Aug 2022 18:03:35 GMT

Probate is the process of transferring a deceased person's assets to the beneficiaries. The process involves verifying the estate planning documents, determining the estate's value, settling debts and taxes, and distributing the assets to the beneficiaries. Below are some things that can complicate the probate process.

Properties in Different States

Some people own properties in multiple states, which can be problematic during probate. An estate with properties in multiple states might necessitate ancillary probate, which complicates matters. Ancillary probate means that:

You have legal processes in multiple states, which may mean multiple lawyers and increased court fees.
You have to deal with different or even conflicting probate laws.

State laws determine whether the ancillary probate must go through the same process as the first probate. The ancillary probate process might be simpler, depending on state laws. You may plan your estate to avoid ancillary probates after your demise, but your beneficiaries can't do much.

Will Contests

Will contests by legitimate parties can also delay the probate process. The deceased's spouse, child, or beneficiary in a will (current or previous) can contest the will. Say a parent bequeaths some assets to their child and grandchild but then updates the will and leaves out the grandchild. The grandchild has the right to contest the will as a beneficiary of a previous version.

A will contest is problematic since the court must conclude the contest before the probate process can continue. The court will consider the contest grounds, such as fraud, to determine the contest's validity. Again, a testator can prevent a will contest better than the estate's beneficiaries.

Conflicting Estate Planning Documents

A last will and testament is just one among several estate planning documents. Other documents include revocable living trusts, beneficiary designations, financial power of attorneys, and insurance policies. Ideally, all the documents should be harmonious in their contents. However, conflicts between estate planning documents might appear during probate.

Consider a case where different documents designate the same asset to different beneficiaries. You might need the court's intervention to resolve the conflicts. The case can drag and delay the probate as each beneficiary fights for the asset. The nature of the asset, the beneficiaries, state laws, and the type of estate planning documents may determine the resolution.

Executor Difficulties

An executor can create probate problems in three different ways. For example, the executor might be unwilling to do their duty, the executor might be missing, or the executor might be inadequate in their duties' execution.

Consider a case where someone agrees to be an estate's executor without full knowledge of what the task requires of them. The executor realizes the enormity of the task after the testator passes on and changes their mind. This scenario presents a problem because you need the executor to administer the deceased's wishes.

Another example is an executor who cannot perform their duty as necessary. Such a situation might arise, for example, if the executor has limited knowledge of the estate, rarely communicates with the beneficiaries, or doesn't know what to do at any stage of the process.

The solution depends on the nature of the problem. For example, an unknowledgeable executor can seek legal counsel to help them in their duties. In some cases, the beneficiaries might seek legal intervention to force the executor to accept a professional's assistance.

Hopefully, you won't experience serious complications if you are part of a probate process, whether as a beneficiary or executor. Contact Shepherd Law Firm if you want to avoid complications or want help with complications you have already experienced. We will use our extensive experience to make the process as simple as possible.

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Estate Planning With Dementia

Thu, 14 Jul 2022 20:00:48 GMT

Estate planning can be a complex process and only gets more complicated when the person creating the estate plan has dementia. Discover some essential tips and documents for estate planning with dementia.

Appoint a Power of Attorney

The document is an important estate planning tool because you get a chance to appoint someone you trust to handle your affairs if you are no longer able to do so yourself.

Choose someone who will act in your best interests. This person should also be familiar with your financial situation and be comfortable dealing with financial matters. If possible, choose more than one person as POA to cover different areas of decision-making, such as healthcare and finances.

Moreover, have a backup plan in case your first choice for POA is unable or unwilling to serve. For example, you can name an alternate POA in your legal document or set up a succession plan so that someone else can step in if necessary.

Create a Living Will

A living will is a critical legal document especially as you approach old age or develop signs of dementia. In this document, you can highlight how you wish to be cared for when you fall ill. This estate planning tool ensures that your desires will be followed even if you cannot communicate them.

In your living will, you can specify the types of medical treatments you do or do not want to receive, such as life-sustaining measures or pain medication.

Creating a living will ensure the fulfillment of your wishes in the event of incapacity. However, a living will only covers medical decisions and does not provide anyone authority to make financial or legal decisions for you.

Write a Letter Of Intent

Although not a legally binding document, a letter of intent spells out your wishes for your estate and can be a valuable guide to your executor or successor trustee.

You may include information such as:

Who you want to receive your assets
How you want your debts to be paid off
What funeral or burial instructions you have

You can also use the letter to express your wishes for things like pet care or charitable donations.

Review Your Beneficiary Designations

Beneficiary designations are an important yet highly overlooked aspect of successful estate planning with dementia. The legal document identifies who will receive your assets when you die.

Many assets, such as retirement accounts and life insurance policies, have beneficiary designations, meaning that even if your estate plan says that these assets should go to someone else, the beneficiary designation will override your estate plan.

Therefore, review your beneficiary designations regularly and update them as necessary. This step will help ensure that your asset distribution fulfills your wishes.

Work With an Estate Planning Attorney

Most importantly, hire a reliable estate planning attorney to guide you through the complex processes. An estate planning attorney can help you put together a complete estate plan that meets your unique needs and goals.

Your estate planning attorney can also offer guidance and advice on how to protect your assets and loved ones best. Your estate planning attorney will have your best interests at heart, so they will always represent you even when dementia kicks in fully.

Estate planning is critical for anyone and significantly more important for those with dementia. We are expert estate planning lawyers and can help you create an in-depth and personalized estate plan. Contact us at Shepherd Law Firm LLC, and let's discuss how we can help you. We look forward to helping you plan and achieve the best estate plan for your specific needs.

3 Estate Planning Mistakes to Avoid: How Can They Affect You?

Fri, 17 Jun 2022 17:47:58 GMT

Not many people like to think about death, especially their own. But a plan for after your death is crucial, not just for yourself but your loved ones as well.

Unfortunately, many people make mistakes during the estate planning stage. These mistakes can lead to big problems down the road. Discover three of the most common estate planning mistakes to avoid.

1. Failure to Update Your Estate Plan

Your estate plan is not the kind of document you finish and forget about. As your life changes, your estate plan should change as well. If you get married, have children, or experience any other major life event, you need to update your estate plan.

If you don't, your estate plan could become the opposite of what you want your plan to accomplish. For example, if you get a divorce but don't update your estate plan, your ex-spouse could still inherit your estate.

Your estate plan's update process is not as difficult or time-consuming as you might think. You can make simple changes that may require you to add or remove a beneficiary. All you need is to fill out a form and send the document to your estate planning lawyer.

To make more significant changes, like when you want to redistribute your assets, you might need to draft a new will or revoke your old one. Speak to your lawyer to find out the best way to make changes to your estate plan.

2. Failure to Name an Alternate Executor or Estate Trustee

Your executor or estate trustee is the person who will carry out your estate plan. But what happens if that person can't do what you need them to do?

For example, what if your executor dies before you do or is unable to serve for some other reason? If you don't name an alternate executor or estate trustee, the court will have to appoint someone to take on that role. The appointed person might not be who you would have chosen. And they could make decisions you're not happy with.

To avoid this problem, make sure to name one or more alternate executors or estate trustees in your estate plan. That way, if something happens to the person you originally chose, someone else is in place to take over.

3. Failure to Plan for Incapacity

Most people think estate planning is only about what happens after you die. But you also have to think also about what happens if you become incapacitated and can't make decisions for yourself.

For example, if you're in a coma or have dementia, you won't be able to make decisions about your medical care or finances. Without a plan, your family will have to go to court and get permission to make decisions on your behalf. The process can be costly, time-consuming, and stressful.

There's also a chance for disagreements among family members about what's best for you. To avoid all these hiccups, make sure to include a plan for incapacity in your estate plan.

There are a few different ways to do this. The most common is to name someone as your power of attorney. This person will have the legal authority to make decisions on your behalf if you're incapacitated.

You can also include instructions about your medical care in a document called a living will. This plan can be especially helpful if you have strong feelings about end-of-life care.

Don't let these three estate planning mistakes jeopardize all your hard work. If you can avoid these common mistakes, you ensure that your estate plan works as you'd like. Contact us at Shepherd Law Firm if you have any questions or need help getting started.

When Might You Need Real Estate Litigation?

Fri, 17 Jun 2022 17:42:59 GMT

Real estate is a popular investment opportunity, but like any investment, you may need legal help in some instances. Real estate litigation helps you solve a problem that can drastically impact your investment. To learn more, check out these four reasons you may need real estate litigation.

1. Zoning Disputes

For the most part, zoning disputes include incorrect zoning types and incorrect zoning maps. Different types of land are zoned for different uses, such as commercial, single-family dwellings, or multiple-family dwellings (condos and apartments). If you create a commercial business in a residential zone, you could potentially be in serious trouble.

A real estate litigation attorney can help solve any confusion or problems regarding different types of zones. For example, you may have been misinformed the area was zoned for multiple-family dwellings when it's only zoned for single-family dwellings.

On the other hand, you may have a zoning dispute with your neighbor regarding the property line. In addition, you may have zoning disputes with a nearby commercial business. The building, for example, may obscure vision, or the parking lot may be in a residential zone.

2. Easements

An easement is an agreement that someone other than the property owner can frequently and regularly use the property. In many cases, easements are for necessity. If your neighbor can't access their house without driving down your driveway, they need an easement. In some cases, an easement forms slowly after long use, such as a shortcut through the property. If the owner knew about the trespassing but did nothing to stop it, an easement may form.

An easement transfers with the property, so even if you never gave anyone permission to access the property, you may have an easement automatically transferred when you purchase the property. If you want to remove the easement, you'll need a real estate litigation attorney.

3. Encroachments

Encroachments occur when your neighbor's property spreads onto your property. This may include building a shed that is partially on your yard. Unlike easements, encroachments are not consensual. They are often unintentional, but they can also be on purpose. Fences are another common problem. If your neighbor doesn't know the exact property line, they may build the fence on your property.

Some encroachments cross onto public spaces. This usually includes structures that extend to the sidewalk or road. The municipal government owns these, and they can remove any encroachments as necessary. Therefore, if you have a necessary encroachment, you'll want to hire an attorney.

4. Landlord and Tenant Disputes

Both landlords and tenants may have disputes that require litigation. Landlords may have issues with tenants who don't pay their rent or regularly pay their rent late, cause damage, don't disclose pets, and break their lease. Ensure you have legal help so you don't end up getting hit with a wrongful eviction lawsuit.

Tenants may also need a real estate litigation attorney if their landlord doesn’t keep the property habitable and make necessary repairs. An attorney can also help if the owner didn't disclose important information about mold, lead, or deaths. Finally, an attorney can also help if the tenant and landlord disagree over whether the security deposit should be refunded. This also includes pet deposits.

Pet deposits are often necessary because pets may cause specialized damage like soiling on the carpet. However, they are not automatically non-refundable and must usually follow security deposit rules. In this case, an attorney can help argue the animal did not cause additional damage and the deposit should be returned.

Real estate often involves a lot of money, so hire an attorney when you have issues. This is especially important if neighbors or local businesses are involved. If you would like to know more, contact us at Shepherd Law Firm LLC today.

Benefits of Hiring a Business Lawyer

Tue, 14 Jun 2022 19:25:29 GMT

New ParagraphAll businesses have legal undertakings at one point or another, whether before the inception of the business, during operations, or even during the termination of the business.

Most people think they should only engage a business lawyer when faced with uncertainties, but this is not the case. You always should make sure that your business has a good lawyer, given the uncertainty of business.

Below are more ways your business will benefit from hiring a lawyer.

Assists in Drafting Contracts

Contracts are legally binding documents that stipulate the roles and responsibilities of either party in an agreement. When getting into a contract agreement with another person or entity, make sure your business interests are well articulated.

Lawyers have the legal wherewithal to ensure your business has good protection in case of any dealings while still negotiating the best deal possible for you. Engage a lawyer to help draft and witness contracts between your business and its employees, clients, and suppliers, given the magnitude of the contracts.

Without a lawyer, drafting and negotiating contracts may prove challenging, as it is a very technical process. A good business lawyer will not only help you draft all the contracts you need, but they will also negotiate the best legal terms for your business before signing any agreements.

Understands Your Business and Offers the Best Advice

An attorney will also provide legal advice regarding the structure of your company even before inception. For instance, they can advise whether a sole proprietorship, partnership, or limited liability company is the best fit for you. Choosing the right structure can help you avoid legal issues in the future.

The business lawyer will also advise on your tax obligations, depending on the organizational structure and the tax consequences on all transactions.

Facilitates Hiring of Employees and Exiting of Partners

Before you hire any employees for your business, be conversant with employment policies, procedures, regulations, and laws. Business lawyers will do all the research and keep you updated with the employment laws at the state and national levels.

Your employees need to work in an environment where their rights are taken care of and they feel protected. An attorney will help you prepare a handbook containing the policies and procedures of the business. Employees can easily reference the handbook in case of any doubt.

If your business is a partnership, partners should feel free to exit the partnership at their convenience. However, the exit of one partner may stir up legal and financial issues that you should address with an attorney.

Protects Your Intellectual Property

Intellectual property for your business includes the brand name, inventions, product designs, logos, and trade secrets. To remain unique and compete with other businesses, you have to protect your intellectual property. A business lawyer will help you preserve and protect the legal rights to your intellectual property.

Prepares Real Estate Agreements and Leases

If your business has a physical location, you will have to lease out space in a building or warehouse if you do not own the space. You will need a business lawyer to draft any lease contract or agreement in such a situation.

Teaches You and Your Employees to Understand the Business Laws

A business lawyer will educate you and your employees on the legal and illegal practices throughout the business's daily operations. As a result, your team will be more competent and compliant.

Creates Connections for Your Business

A well-experienced attorney has a good network. If you have a good rapport with your attorney, they can use their connections to bring you more business whenever they get an opportunity.

A business lawyer will help you run your business smoothly without violating any legal requirements. Contact us to schedule a free consultation.

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4 Things You Need to Know About Estate Planning

Wed, 11 May 2022 15:10:23 GMT

An estate plan ensures you distribute your assets to the designated loved ones as per your wishes once you are gone. It doesn't matter how rich or poor you are, but you need to ensure you organize your affairs well enough before your death. Here are some crucial points you need to understand as you work on your estate plan.

1. Draft and Sign Your Legal Will

Before you write your will, you need to take inventory of your assets and liabilities. Then, itemize and categorize each item to ease the distribution process. Once you have a list of every item, consider listing your beneficiaries. Then, match the items to the beneficiaries.

Ensure you work on how you want to settle your debts when you are gone. Collect your credit card, mortgage, and loan information and documents to help them understand how they can work around paying up the debts. Having the contract information embedded in the document will give people more clarity on how they are to execute your instructions.

Get an update on your insurance and retirement accounts. These accounts and policies will often pass down the benefits to the listed beneficiaries. It will align your preferences to those of the will. You should understand that the will cannot override the information you give in these accounts.

Once you sort out this information, you can draft your will with a clear picture of your assets. Make sure you have valid witnesses and use consistent and straightforward language. There are other ways of validating your will with online software packages, making the process easier.

A will becomes legal once signed in the presence of two nonrelative witnesses. If you fail to do so, people will question its legitimacy when presented in any reading of the will or court hearing.

Be keen to investigate estate taxes that can cost you your assets. An estate attorney can help you understand how to minimize these taxes. Keep a copy of the will. The estate administrator should also have a copy.

2. The State Can Act on Your Behalf Without a Durable Power of Attorney

A power of attorney allows someone to act on your behalf if you are mentally or medically incapacitated. For example, if you become incapacitated but people need you to decide on any matter concerning your assets, the POA comes into effect. If there is no POA, the

court will decide on the best action based on the circumstances.

3. You Need To Update Your List of Beneficiaries Regularly

You need to update your beneficiaries regularly. You should edit all your estate plan documents, including your will, medical proxy, power of attorney, and guardianship. You can also include newly acquired assets to ensure the estate plan is updated.

4. Be Keen When Choosing a Guardian and Executor

If you have offspring who are minors, you need to specify a guardian who will take care of your children's assets until they are of age. Keenly look for a person who will have their best interests at heart. This way, you can ensure the children will get what they deserve.

Have an estate administrator who will carry out your orders as per your will. The executor will have a copy of your signed will which guides them on the asset distribution.

Visit an Estate Attorney to Finalize the Details

Documenting a will is more of an individual's journey. However having an estate attorney walk the journey with you will prove quite helpful. You will get to understand some legal terms like transfer on death and living will documents as well as understand estate taxes that can mess up your estate plan. Contact an estate attorney from Shepherd Law Firm, LLC, to find out more about estate planning.

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4 Signs That You Need a Will

Wed, 04 May 2022 14:57:33 GMT

You likely know the purpose of a will, or at least how wills factor into the plots of numerous television shows, books, and other popular media. What you may not be entirely clear on is if and when you personally need to see an attorney to have a will drawn up.

Many individuals think of wills as legal measures taken only by the rich or the elderly. Unfortunately, this misconception can leave individuals and families without legal protection after the loss of a loved one. In fact, a 2017 Caring.com survey showed that 58 percent of American adults do not have wills.

In this blog, discover four signs that it's time to sit down with an estate planning attorney and create a will.

1. You Have a Potentially Life-Threatening Condition

While wills are important for individuals in good health as well, a will is essential if you have been diagnosed with any medical condition that could decrease your life expectancy. Your estate planning will be even more important if your condition could affect your quality of life.

When you sit down to create your will, you may also draw up planning documents, such as a power of attorney. This document dictates who would make medical and financial decisions if you became incapacitated.

Even individuals in perfect health should consider this measure to ensure that they receive the best care and that their financial affairs are handled in the case of an accident.

2. You Have Children

Part of your will is deciding on the guardianship of any minors who are currently under your care. Without clear and legally binding instructions from you, your family or a court of law may make decisions about who takes care of your children in the event of your passing.

In addition to issues of guardianship, your will allows you to specifically plan for your children's inheritance.

3. You Have Assets of Any Kind

In your will, you have the opportunity to lay out what you would like done with each of your assets. Under the law, your assets include a number of investments and belongings. For example, both your 401(k) and your personal vehicle qualify as assets. If you own a small business or have a large share in a company, your business interests also qualify as assets.

Without a will, your assets will be distributed according to the laws in your state of residency. In general, these laws allow for your spouse and children to inherit first, but this rule does not always hold true.

In order for your family members to claim your assets, they may have to submit to lengthy and costly court proceedings that can cause immense distress when they occur shortly after the loss of a loved one.

4. Your Family Could Have Difficulty Dividing Belongings

Family feuds over assets are one of the most common tropes associated with a will. While you may not have long-lost relatives trying to claim specific family heirlooms, you may need a will to help your family make decisions about the division of belongings.

For example, if you are separated rather than divorced, your ex-partner may be legally treated as your spouse or left out of the division of goods altogether. Writing a will allows you to account for the complexities within your family and reduce the stress of estate proceedings.

If you fall into any of the categories listed above, consider scheduling a consultation with a legal representative who can assist you with writing your will. Think of this step like buying an insurance policy — you and your attorney both hope that you will not need to rely on your will in the near future, but it is better to be prepared.

For full estate planning legal services, including will writing and trust creation, trust the expertise of Shepherd Law Firm .