Whether you plan on buying or selling a business, you need to be aware of the differences between an asset and a stock sale. An asset sale allows a buyer to acquire the company’s assets and liabilities, and a stock sale enables a buyer to purchase equity in the business by acquiring shares from one or more stockholders. It is important to remember that not all business entities have stock. For example, if you are Read More
The Importance of Updating Your Estate Plan After A Divorce
Revising your estate plan isn't usually the first thing on your mind during a divorce. You'll worry more about how marital property will be divided, how you will share custody, and whether spousal support will be part of the divorce settlement agreement. However, without making the necessary changes to your estate plan, your spouse could remain the beneficiary of your will and a fiduciary under your trust or power of Read More
Real Property & The Bundle Of Rights
The terms “real estate” and “real property” are often used interchangeably and incorrectly. When someone is discussing real estate, they are referring to: The land Natural improvements on the land Artificial improvements on the land Imagine purchasing a single-family home that sits on multiple acres of land and has a small pond. When you buy real estate, you own the land, the home, and the pond. If you Read More
What A Living Will Can Do For You
Before we explain the importance of having a living will, we must first establish that we are not talking about a will. An estate planning attorney can help you create either document, but they perform two different functions. Your last will and testament is commonly referred to as “a will.” It is a legal document that declares how your assets will be distributed when you pass away. A living will allows you to Read More
The Struggle Of A New York Mom & Pop Landlord
New Yorkers rent. To get an idea of the level and degree, look at Brooklyn. More than 2.5 million people live in this borough, and almost 1.8 million are renters. Combine that staggering number with the variety of laws and court directives passed since the start of the pandemic, including the Tenant Safe Harbor Act (TSHA). Not only was there a moratorium on evictions that lasted nearly two years, but the effects of Read More
Why People Avoid Probate
After Jerry Garcia passed away, his guitars went to Douglas Erwin (the same person who made them). Why would anyone know these personal details? Because he created a will, and they are public. If anyone were inclined to do so, they would be able to read it in its entirety. Before we continue with some common reasons why people try to avoid probate, you should understand how an estate gets there. Read More
Preventing Commercial Litigation
Litigation can equate to financial loss. Understanding litigation (and, more importantly, how to prevent it) is part of managing and running a successful business. Think of it as another way money can leave you and your business. Civil vs. Commercial It does bear some importance to explain the difference between civil and commercial litigation. Even experienced business owners can confuse the two. Civil Read More
Leaving The Wrong Home For The Right Reasons
Buying real estate in New York is competitive. Finding the right home for you and your family (and having your offer accepted) could feel like winning the lottery. Hence, it can be challenging to walk away from a sale. There are several legitimate reasons why buyers would opt out of the deal, especially if it is in their best interest. Because there is a lot of emotion tied into buying a home, you could be torn Read More
Contingencies in a Real Estate Deal
Buying or selling a house is a big decision. Whether you are going through this process so you can find a home that you will live in, or you are purchasing or selling an investment property, you want to make sure that everything goes smoothly. One of the things that can make a real estate deal a little more complicated is the use of contingencies. A contingency is a stipulation that allows either party to back out Read More
Attorneys & Start-Ups
Due to the industry’s popularity, many people have associated the term “entrepreneur” with tech companies. It can be anyone who wants to start a business. These are people who have passions they want to turn into careers—or even secondary ones. Regardless of the size of your future business, entrepreneurs will likely develop plans to market a product or service, formulate ways in which to sell and produce them, Read More