Law Offices of Kevan I. Benkowitz

09/27/2022

An estate plan is a collection of legally binding documents that ensures you are in control of what happens to you, your assets and any dependents you may have if you become disabled or when you die. The plan can include a will, power of attorney forms, trusts and more.

A will, power of attorney and trusts are among the most crucial documents for young adults to draft to ensure they have a say after they die or are critically disabled.

09/27/2022

In many personal injury claims, plaintiffs must prove that a defendant was negligent or acted intentionally. But with strict liability claims, this proof is not required. The specific situations when strict liability rules apply vary by state.

Strict liability is a legal doctrine that applies to certain crimes, as well as in certain tort cases (claims made to recover compensation after an injury). When strict liability rules apply, defendants can be held responsible for the consequences of their actions regardless of whether they behav

09/20/2022

Divorce is never easy, and estate planning can make it all the more challenging. At such an emotional time, more paperwork is probably the last thing you want on your to-do list. But taking a few key steps is critical to your financial future.

At such an emotional time, it can be easy to overlook your will and other important documents.

09/17/2022

Things can move very quickly when you’re a startup. Decisions often lead to differing opinions, and differing opinions can lead to conflict. Fortunately, conflicts and disputes can be mitigated by drafting a founders’ agreement in the early startup stage.

A comprehensive founders' agreement will help all parties stay aligned, fulfill responsibilities and avoid disputes.

09/15/2022

Complex strategies and the ever-evolving tax code can make estate planning feel intimidating. However, ignoring it can be a costly mistake for your heirs, even if you don't have a lot of money in the bank.

The prospect of estate planning can seem overwhelming, but don't put it off. Having an estate plan is crucial to ensuring your money and assets go to your intended heirs.

09/13/2022

It’s never too early to start thinking about your estate plan: The strategic decisions and investments you make now can increase the capital you’ll have available to finance your retirement years and late-in-life healthcare needs. An attorney can help you decide which estate planning tools make the most sense for your situation.

09/10/2022

As the default business formation, sole proprietorships make up the vast majority of small businesses that don’t have employees. Although a sole proprietorship is simpler to form, there are several reasons you’d want to change from a sole proprietorship or form your business as an LLC from the start.

As the default business formation, sole proprietorships make up the vast majority of small businesses that don’t have employees (86.6% of non-employers are sole proprietorships). As your small business grows, you may want to change from a sole proprietorship to a limited liability company (LLC). I...

09/08/2022

Family members are generally not held responsible for paying off debt of the deceased. The division of an estate’s assets, however, occurs before any allotted inheritance is passed on to heirs. This can, in some cases, lead to family homes or other assets heirs expect to receive being sold to pay debts.

Unfortunately, credit card debt does not simply vanish when we are no longer around to pay the bills. Instead, this debt is considered part of our estate and then managed by an estate executor. For those interested in knowing more about what happens to credit card debt and any accumulated credit car

09/06/2022

As you draft charitable planning provisions, it is wise to do so alongside an estate planning attorney who is familiar with your needs.

First, make sure the organization accepts donations.

09/03/2022

Most contracts end when both parties have fulfilled their contractual obligations, but it's not uncommon for one party to fail to completely fulfill his or her end of the contract agreement. Breach of contract is the most common reason contract disputes are brought to court for resolution. https://bit.ly/2VuF4Gl

Breach of contract is a common contract dispute heard by a court. It's not uncommon for one party to fail to fulfill his end of a contract.

09/03/2022

A simple will works for some people, but maybe not for you. If having assets distributed outright to a beneficiary could cause potential problems, there are several reasons to think about creating a trust.

A simple will works for some people, but maybe not for you. Are you in a second marriage? Have minor children? Concerned about fraud? These are just a few of the many reasons to consider a trust.

08/31/2022

Most people prefer to have control over what happens to their belongings when the unthinkable happens. But when there’s no plan in place, the state decides what happens to your assets.

Accidents happen. Illnesses can strike anyone unexpectedly. So, take a moment to get a few basic estate planning tasks out of the way. You — and the people you love — will be glad you did.