FAQS

1. If I am purchasing or selling my home, should I hire an attorney to oversee the process?

Buying or selling a home is one of the most significant purchases/sales you will make in your life. A real estate lawyer can help you avoid common problems, explain/revise standard forms such as extensive purchase agreements. Even if you don't think you need a lawyer for negotiations, they can serve as a resource on your side to walk you through the small but important details.

2. What are typical expenses for a buyer and a seller?

Sellers typically have to think about real estate agent commission, loan payoff costs, transfer taxes, and title insurance fees. Buyers typically need to consider the down payment, home inspection, closing costs, and cash reserves.

3. What is business law and why would I need a lawyer?

Among other items, business law pertains to the laws regarding how to start, buy, operate and sell any business.
Examples of situations where you should definitely hire a lawyer are if you were sued by a former employee or investigated by local, state or government entities, if you want to make a "special allocation", any sort of environmental issue, sale of your company/acquisition of another. You should always consider a lawyer for preventative measures, ensuring you avoid any of these issues if possible. If you are starting a new business, consider your attorney as an expert guide.

4. What factors should be considered when choosing the type of business form for a business?

Some general factors you should consider are the number of owners, liability to customers, your industry, tax treatment, ability to raise capital, and ease of formation.

5. What is a Will and who needs a Will?

A will is a legal document that states how your properties and assets will be distributed when you pass away. As soon as you get married, have kids, or start accumulating assets it is important to have a will.

6. What are the requirements for making a Will?

The major requirements for making a will are being a mentally competent legal adult, and having it signed by yourself in the presence of two valid, disinterested witnesses. The document also must clearly state your intention to use the document as your will.

7. How does one Contest a Will?

You can only contest a will if you have legal standing (you will be personally affected by the outcome of the case), file the will contest in a timely matter, and have grounds to contest. The 4 most common grounds for contesting a will are:
a) The will wasn't legally signed;
b) The decedent (person who formed the will) lacked mental capacity at the time the will was drafted;
c) The decedent was wrongly influenced while making the will; and/or
d) The will is materially fraudulent.

8. What is probate law?

Probate is the judicial process of transferring property once an individual is deceased. Alternative avenues to probate exist and a competent attorney can best assist in choosing the best options for you.